1 2025:CGHC:8742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 29 of 2025 • Mr. Ajay Kumar Agrawal, S/o Late Shri Tarachand Agrawal, Aged About 68 Years, R/o Ward No.35, Seth Basant Lal Marg, Ambikapur, Tehsil Ambikapur, District Sarguja, Chhattisgarh (Respondent No. 6). ... Petitioner/Applicant versus 1. State Of Chhattisgarh, Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2. The Commissioner, Sarguja Division, Ambikapur, District Sarguja (C.G.). 3. The Collector, Sarguja (Ambikapur), District Sarguja (C.G.). 4. The Sub Divisional Officer (Revenue), Ambikapur, District Sarguja (C.G.). 5. The Tahsildar, Ambikapur, District Sarguja (C.G.). 6. Dinesh Kumar Soni, S/o Shri Hari Prasad Soni, Aged About 53 Years, R/o Ward No.12, Dutta Colony, Ambikapur, Tehsil Ambikapur, District Sarguja (C.G.) (Petitioner). ... Respondents (Cause title taken from Case Information System) For petitioner/applicant : Mr. Vikram Sharma, Advocate. For State/respondents No.1 to 5 : Mr. Rajeev Bharat, G.A. For respondent No.6 : Mr. Pushkar Sinha, Advocate. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 19/02/2025 1. Heard. 2. This Review Petition has been preferred by the applicant seeking review of order dated 06.12.2024 passed by this Court in WP(C) No.6002/2024. 2 3. Vide order dated 06.12.2024 passed in WP(C) No.6002/2024, this Court has passed the following order in paras 8 & 9 :- “8. Having considered the limited prayer of the petitioner, which has not been objected by learned State Counsel, this writ petition is disposed of granting liberty to the petitioner to file application under Section 129 of the Code, 1959 before respondent No.5 for demarcation of his aforesaid lands, within a period of 15 days from today. Thereafter, the respondent No.5 shall demarcate the aforesaid land, within a further period of 45 days in accordance with law. 9. With aforesaid observations and directions, the instant writ petition stands disposed of.” 4. Learned counsel for the applicant submits that respondent No.6 (herein) raised the dispute that applicant (herein) has encroached his land, as such, in WP(C) No.6002/2024, vide order dated 06.12.2024, this Court has directed respondent No.5/Tehsildar, Ambikapur, District Sarguja (C.G.) to get demarcated the disputed land, but he submits that there is no any piece or parcel of land of respondent No.6, as such, there is no dispute with regard to the identity of the land, which is alleged to be of respondent No.6, therefore, demarcation of said land cannot be made. Hence, he prays that order dated 06.12.2024 requires to be reviewed. However, he submits that in pursuance of order dated 06.12.2024, demarcation has been carried out and application of respondent No.6 herein has been rejected by the Tehsildar, Ambikapur, District Sarguja (C.G.) vide order dated 05.02.2025 passed in Case No.202412020700208/A-12/2024-25. Counsel for the applicant has produced the photocopy of that order and he is directed to file the same along with covering memo during the course of the day. 5. In reply, counsel appearing for the respondent No.6 would submit that respondent No.6 is having land bearing Khasra No.334/6 & 334/7 and there is adjacent land of applicant (herein) to the aforesaid land, as such, applicant 3 has encroached some part of the land of respondent No.6. In that fact situation, demarcation of disputed land was necessary. 6. I have heard learned counsel for the parties and perused the material available on record carefully. 7. Vide order dated 06.12.2024, this Court has only directed respondent No.5/Tehsildar, Ambikapur, District Sarguja (C.G.) to get demarcated the disputed land and no merit of the case was considered in that order. It is a right of every person to get demarcated his land, specifically when there is dispute with regard to the encroachment. Since, no merit of the case has been considered in order dated 06.12.2024, therefore, I do not feel inclined to entertain the review petition, particularly when aforesaid order has already been complied with by the respondent No.5/Tehsildar, Ambikapur, District Sarguja (C.G.) vide order dated 05.02.2025 whereby application of respondent No.6 (herein) has been rejected. Hence, the instant review petition is dismissed. 8. However, liberty is left with the petitioner (herein) to raise all the grounds before the appropriate forum initiated by respondent No.6 in any proceedings. 9. Interlocutory application(s) pending, if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge