Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 54977 (CHH)

ANNAPUAM BHATTACHARYA v. STATE OF CHHATTISGARH

WPC/6433/2025 · 2025-12-09

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:60130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6433 of 2025 1. Annapuam Bhattacharya W/o Sanjay Bhattacharya Aged About 53 Years R/o Ward No.14, Manendargarh District- Koriya Chhattisgarh, ... Petitioner versus 1. State of Chhattisgarh Through- Secretary, Revenue Department Mahanadi Bhawan, Naya Raipur (C.G.) 2. State of Chhattisgarh Through- Secretary, Ministry Of Good Governance, And Convergence Department Mahanadi Bhawan, Naya Raipur (C.G.) 3. State of Chhattisgarh Through- The Commissioner, Division Bilaspur District- Bilaspur Chhattisgarh, 4. State of Chhattisgarh Through The Collector, District- Bilaspur Chhattisgarh, 5. Aakash Gupta Additional Tehsildar Bilaspur, District- Bilaspur (C.G.) 6. Dhananjay Sahu Patwari Halka No.29,mopka, Bilaspur District- Bilaspur Chhattisgarh, 7. Mamta Tirkey Revenue Inspector, Mopka District- Bilaspur Chhattisgarh, 8. Prahalad Singh Neetam (Clerk) Assistant Grade 3, Tahsil Office Bilaspur District- Bilaspur (C.G.) 9. Deepak Gupta (Clerk) Assistant Grade -3 Tahsil Office Bilaspur, District- Bilaspur Chhattisgarh. ... Respondents SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.12 17:18:55 +0530 2 For Petitioner : Mr. Amitesh Yadav, Advocate For Respondent No.1 to 3-State : Mr. S. Kesharwani, Panel Lawyer SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 10/12/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “A. Issue a mandamus directing the respondents to conduct the demarcation of the petitioner’s land (Khasra No.2332/7, 2338/30, 2342/8, 2365/4 on the basis of the petitioner’s application dated 08.08.2019, within a fixed time period (preferably 7 days). To call for the entire records concerning the present cause; B. To direct the State Government / Collector to initiate departmental enquiry and take disciplinary action agaisnt the erring revenue officers (Tahsildar, Revenue Inspector, Patwari) responsible for long and unjustified delay. C. Impose appropriate cost or compensation upon the erring authorities for causing mental agony, harassment and violation of the petitioner’s constitutional right.” D. Any other relief (s) in favor of petitioner as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that initially in the year 2019 petitioner submitted an application for demarcation of his land, however, the authority concerned has not acted upon application even after several requests made by petitioner. After long lapse of time, petitioner was informed that application submitted by him is misplaced and called upon him to submit fresh application, which was submitted by petitioner in the month of March, 2025. However, till today 3 request of petitioner for demarcation is not considered and no proceeding of demarcation is initiated. 3. Learned State Counsel submits that he has sought instruction in the matter and according to his instruction, it is the petitioner who has not approached the authority concerned for accepting notice of demarcation. He further submits that petitioner along with writ petition has not filed any application, as is stated to have been submitted in March 2025. 4. Heard learned counsel for respective parties and perused record of writ petition as also documents placed before this Court for perusal by learned State Counsel. 5. Perusal of documents filed along with writ petition would show that application for demarcation was initially submitted by petitioner in the year 2019 and contention of petitioner is that till date, demarcation of land of petitioner has not been conducted by authority concerned. Perusal of demarcation application submitted by petitioner in the year 2019 would show that petitioner has mentioned four khasra numbers i.e. 2332/37, 2338/30, 2342/8 and 2365/4 situated in Mopka, Tahsil and District Bilaspur (CG). 6. From the documents placed before this Court for perusal by learned State Counsel, it appears that pursuant to application submitted by petitioner, the Tahsildar Bilaspur has issued memo to the Revenue Inspector Mopka, Bilaspur for submission of demarcation report and whereupon report 4 dated 24.4.2025 was submitted by the Revenue Inspector, in which it is mentioned that no one appeared on behalf of applicant to accept notice for demarcation. Report submitted by Revenue Inspector Mopka is contrary to procedure. According to procedure prescribed under the Chhattisgarh Land Revenue Code, 1959, it is for the revenue officials to serve notice upon the applicant and also to nearby land owners about the date and time fixed for demarcation, which, from perusal of documents placed by learned State Counsel, is not appearing. 7. In the above facts of case, Tahsildar Mopka, Bilaspur is directed to complete demarcation proceeding pursuant to application submitted by petitioner and memo issued by him to Revenue Inspector Mopka, Bilaspur for demarcation of land of petitioner, in accordance with law expeditiously, preferably within 03 months from the date of receipt of the order. The Collector, District Bilaspur is directed to look into the matter and ensure that demarcation proceeding pursuant to application of petitioner is completed within aforesaid period. 8. With the above observation and direction, writ petition stands disposed of. 9. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-