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2026 DAILYLAW 13609 (CHH)

ANIL SINGH v. STATE OF CHHATTISGARH

WPC/3242/2021 · 2026-04-20

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:18002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3242 of 2021 1 - Anil Singh S/o Rakesh Singh Aged About 32 Years R/o Khuthanpara, Ward No. 2, Tehsil- Baikunthpur, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Baikuthpur, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3 - Tehsildar Baikuthpur, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4 - Naib Tahsildar Baikuthpur, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Shakti Raj Sinha, Advocate For State :- Mrs. Akanksha Verma Dhabedkar, P.L. ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.04.2026 1. By way of the present petition, the petitioner has approached this Court under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondent authorities in not deciding the application for demarcation of land bearing Khasra Nos. 468/1-C and 468/1-E, situated at Village Baikunthpur, Tehsil Baikunthpur, District Koriya. 2. Facts of the case are that the petitioner claims to be the owner of land bearing Khasra Nos. 468/1-C and 468/1-E, admeasuring 0.809 and 0.583 hectares respectively, situated at Village Baikunthpur, Patwari Halka No. 8, Tehsil Baikunthpur, District Koriya (C.G.). It is submitted that the petitioner’s title over the said land has been affirmed by the competent Civil Court in Civil Suit No. 17-A/2019 vide judgment and decree dated 17.10.2019. The appeal preferred against the said judgment was also dismissed on 20.02.2020, and a second appeal is stated to be pending before this Court. The petitioner further submits that pursuant to the decree, the land has already been mutated in his name and the online numbering of the land has also been carried out in the revenue records. Thereafter, the petitioner filed an application dated 30.12.2019 before the Tehsildar, Baikunthpur under Section 129 of the C.G. Land Revenue Code, seeking demarcation of the aforesaid land to avoid any future dispute with adjoining 3 landholders. The said application was initially rejected by the Tehsildar vide order dated 20.11.2020 on the ground that although numbering had been done in the online records, the same had not been reflected in the original revenue records/spot map. Subsequently, the Naib Tehsildar initiated proceedings for numbering of the land in the original records; however, the request for demarcation remained unaddressed. The petitioner thereafter approached higher authorities, including the Collector, Koriya, upon which the Tehsildar, Baikunthpur, vide order dated 22.02.2021 directed the concerned Revenue Inspector and Patwari to carry out necessary correction in the records and to conduct demarcation of the land. Despite the aforesaid direction, no action has been taken by the respondent authorities till date, and neither has the numbering been corrected in the original records nor has the demarcation been conducted. Being aggrieved by such inaction on the part of the respondent authorities, the petitioner has filed the present writ petition. 3. Following reliefs have been prayed by way of this petition:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to make necessary correction / maintenance of renumbering of the land of the petitioner in their Spot Map of the as well as their revenue records 4 4. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct the demarcation of the land of the petitioner after renumbering the land in their own orginal sheets and Naksha/Map in accordance with law, within some stipulated period of time. 10.3 Any other relief (s) that this Hon'ble Court may deem fit to grant in the facts and circumstances of this case” 5. Learned counsel for the petitioner submits that the petitioner had filed an application for demarcation of the aforesaid land on 30.12.2019 before the competent authority, which is still pending consideration. It is further submitted that the Tehsildar, Baikunthpur, vide order dated 22.02.2021, had already directed the concerned Revenue Inspector and Naib Tehsildar to carry out the demarcation of the land in question. Despite such direction, no action has been taken till date. It is contended that the petitioner is only seeking a direction to the concerned Tehsildar to decide the pending application for demarcation in accordance with law within a stipulated period. 6. Learned State counsel submits that the petitioner has an efficacious statutory remedy available under the provisions of the C.G. Land Revenue Code, and therefore, the present writ petition may not be maintainable at this stage. It is further submitted that the competent authority has already taken cognizance of the 5 petitioner’s grievance and vide order dated 22.02.2021, necessary directions have been issued to the concerned Revenue Inspector and Patwari to carry out the process of renumbering and demarcation. It is contended that the process involves verification and correction of original revenue records and spot maps, which requires due procedure and cannot be completed instantaneously. Learned State counsel submits that there is no deliberate inaction on the part of the authorities and that the exercise shall be completed in accordance with law. It is, therefore, prayed that appropriate directions may be issued to the competent authority to conclude the proceedings within a reasonable time. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Upon perusal of the record, it appears that the application for demarcation filed by the petitioner is still pending before the competent authority. It is also evident that the Tehsildar, Baikunthpur, had already passed an order dated 22.02.2021 directing the concerned Revenue Inspector and Patwari to carry out the necessary proceedings for demarcation of the land in question. However, as alleged by the petitioner and not effectively disputed, the said order has not been complied with till date and the demarcation proceedings have not been concluded. Such inaction on the part of the revenue authorities, despite issuance of specific directions, cannot be appreciated. 6 9. In view of the above, without expressing any opinion on the merits of the case, the present petition is disposed of with a direction to the concerned Tehsildar, Baikunthpur, District Koriya, to consider and decide the petitioner’s application for demarcation strictly in accordance with law. While doing so, the Tehsildar shall take into consideration the earlier order dated 22.02.2021 and ensure that all necessary steps for demarcation are duly undertaken and completed. The Tehsildar shall also afford due and proper opportunity of hearing to all concerned parties before passing any order. The entire exercise shall be completed within a period of 60 days from today. sd/- (Amitendra Kishore Prasad) Judge Vishakha