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2026 DAILYLAW 16391 (CHH)

SMT. N. SHAILJA v. STATE OF CHHATTISGARH

WPC/360/2026 · 2026-01-28

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:4852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 360 of 2026 Smt. N. Shailja W/o Shri N. Dhanraju Aged About 35 Years R/o Ward No. 25 Jagriti Chowk Santoshi Para, Camp 2, Tehsil And District Durg, Chhattisgarh ... Petitioner. Versus 1. State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Naya Mantralayay, Naya Raipur, Chhattisgarh 2. The Collector, Durg District- Durg, Chhattisgarh 3. The Additional Tehsildar Bhilai Nagar, District Durg, Chhattisgarh 4. Smt. Manju Devi Agrawal W/o Ramavtar Agrawal Aged About 56 Years R/o Nehru Nagar, Bhilai, Tehsil And District Durg, Chhattisgarh 5. N. Santoshi W/o Shri N. Ramarao Aged About 32 Years R/o Ward No. 25 Jagriti Chowk Santoshi Para, Camp 2, Tehsil And District Durg, Chhattisgarh ... Respondents. For Petitioner : Mr. Vidya Bhushan Soni, Advocate. For Res No.1 to 3/State : Mr. Keshav Gupta, Govt. Advocate. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 29/01/2026 1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.01.30 11:46:26 +0530 2 “10.1 In view of the above facts and grounds this Hon'ble Court may kindly be pleased to quash / set-aside the stay order dated 03/12/2025 issued by the Add. Tahsildar, Bhilai Nagar, District Durg, Chhattisgarh (Annexure P-1) 10.2 That any other relief which this Hon'le Court deems fit and proper may also be granted in favour of the petitioners safeguarding his interest.” 2. Learned counsel for the petitioner would submit that the petitioner is registered owner of land bearing Khasra No.1606/110, area 0.030 hectare situated at Village Kohka, Tahsil and District Durg. He further submits that Additional Tahsildar, Bhilai Nagar, District Durg had issued notice dated 03.12.2025 (Annexure-P/1) to the petitioner and respondent No.5. Contents of the said notice reveal that Smt. Manju Devi Agarwal has made an application claiming herself to be the owner of the land bearing Khasra No. 1607/99, area 6400 sq. ft. and it is alleged that the petitioner and respondent No. 5 are raising construction on the portion of the aforesaid land, therefore, report has been sought from the concerned Revenue Inspector & Patwari in this regard and till then stay order has been issued on the above construction work. It is next contended that aforesaid notice does not pertain to the aforesaid land of the petitioner, despite that, said notice has been served to her. Hence, he prays that effect & operation of the impugned notice dated 3.12.2025 may be stayed. 3. Per contra, learned counsel for the State submits there seems to be demarcation dispute, which can be resolved by the Additional Tahsildar in revenue case. He further submits that while passing the impugned notice dated 03.12.2025 (Annexure-P/1), the petitioner has been directed to file 3 reply to the application filed by Smt. Manju Devi Agrawal, therefore, no case of writ petition to be entertained by this Court is made out. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Perusal of impugned notice dated 03.12.2025 (Annexure P-1) show that the said revenue case was fixed for hearing before Additional Tahsildar, Bhilainagar, District Durg on 12.12.2025. Learned counsel for the petitioner further informed that on the aforesaid date i.e. 12.12.2025, the petitioner entered her appearance, but on that date Tahsildar was not present there. Moreover, a perusal of the contents of the notice also reveals that there appears to be a case of encroachment, which can be decided by the Additional Tehsildar in the revenue case. Therefore, the petitioner is at liberty to file reply to the impugned notice dated 03.12.2025 and may also raise objection regarding the status of her land bearing Khasra No. 1606/110, Area 0.030 hectare and if it is found that land of the petitioner is not adjacent to the land of Smt. Manju Devi Agrawal, then appropriate order be passed by the Additional Tahsildar. In that view of the matter, I am not inclined to entertain instant writ petition. 6. Accordingly, the writ petition stands disposed of. No costs. Sd/- (Naresh Kumar Chadravanshi) Judge Ajay