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2026 DAILYLAW 20216 (CHH)

GOPI YADAV v. STATE OF CHHATTISGARH

WPC/2328/2026 · 2026-05-10

Shri Amitendra Kishore Prasad

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2328 of 2026 1 - Gopi Yadav S/o. Ramadhar Aged About 46 Years R/o. Village Basantpur, Tahsil- Janjgir, District- Janjgir-Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantrayala, Mahanadi Bhawan, New Raipur, District- Raipur Chhattisgarh. 2 - Collector Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh. 3 - Sub-Divisional Officer (Revenue) Janjgir, District- Janjgir-Champa Chhattisarh. 4 - Tahsildar Janjgir, District- Janjgir-Champa Chhattisgarh. 5 - Revenue Inspector Birgahni, Tahsil- Janjgir, District-Janjgir-Champa Chhattisgarh. 6 - Halka Patwari Village- Basantpur, Pahal Halka Number- 04, Tahsil- Janjgir, District- Janjgir-Champa Chhattisgarh. ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Ravi Bhagat, Advocate. For Respondent(s)/State : Mr. Anadi Sharma, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 11/05/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to directed the respondent State to call relevant records, pertaining to the instant matter. 10.2 This Hon'ble Court may kindly be pleased to Issue a appropriate writ/direction/order to the respondent no. 4 and 5 to demarcate the petitioner's land i.e. Khasra no. 402/2 and 402/6 within stipulated time; 10.3 This Hon'ble Court may kindly be pleased to Grant any other relief(s) deemed fit and proper in the facts and circumstances of the case, including costs of the petition.” 2. Brief facts of the case, is that, the petitioner is a resident of Village Basantpur, Tahsil and District Janjgir-Champa, and is the recorded owner and title holder of agricultural lands bearing Khasra Nos. 402/2 and 402/6 admeasuring 0.069 hectare and 0.024 hectare respectively, which came into his possession and ownership through ancestral partition; it is submitted that the petitioner has been in peaceful possession and enjoyment of the aforesaid lands for several years and his name is duly recorded in the revenue 3 records, for which B-1 records have also been issued by the competent revenue authorities in his favour, clearly reflecting his lawful title and possession over the said lands, it is further submitted that the petitioner has been regularly paying land revenue and all other applicable taxes in respect of the said property, however, from the recent past certain cousin brothers and other relatives of the petitioner have started encroaching upon portions of the petitioner’s land, thereby giving rise to disputes relating to the actual boundaries and possession of the property; in order to protect his lawful rights and to ascertain the exact boundaries of the land, the petitioner submitted an application before the Tahsildar, Janjgir i.e. respondent No. 4 seeking demarcation of the aforesaid lands, whereupon the Tahsildar issued a memo dated 21.12.2023 directing respondent No. 5, the concerned Revenue Inspector, to carry out demarcation proceedings in respect of Khasra Nos. 402/2 and 402/6 and to submit the report on or before 22.01.2024, however, despite issuance of the said direction by the competent authority, the concerned Revenue Inspector has failed to comply with the same till date and no demarcation has been conducted, due to which the petitioner is being deprived of peaceful enjoyment of his property rights and is facing continuous hardship and prejudice on account of the inaction of the revenue authorities; being aggrieved by such arbitrary and unexplained inaction on the part of respondent authorities, the petitioner has been constrained to file 4 the present writ petition seeking appropriate directions for conducting demarcation of the lands in question in accordance with law. 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the recorded owner and title holder of the lands bearing Khasra Nos. 402/2 and 402/6 and his name is duly reflected in the revenue records, including the B-1 records issued by the competent authority; it is further submitted that despite the petitioner having moved a lawful application for demarcation before the Tahsildar, Janjgir, and despite a specific direction having already been issued by the Tahsildar vide memo dated 21.12.2023 directing the concerned Revenue Inspector to conduct demarcation and submit a report within the stipulated period, no action whatsoever has been taken till date by respondent No. 5; learned counsel submits that for more than two years the matter has remained pending solely on account of the inaction and negligence of the revenue authorities, causing serious prejudice to the petitioner as certain relatives and cousin brothers are attempting to encroach upon portions of the petitioner’s land; it is contended that the petitioner is unable to peacefully enjoy and protect his constitutionally protected property rights due to the failure of the authorities to discharge their statutory obligations; therefore, it is prayed that appropriate directions be issued to respondent Nos. 4 and 5 to conduct demarcation of the petitioner’s lands expeditiously and to proceed further in 5 accordance with law. 4. On the other hand, learned counsel appearing on behalf of the State submits that from the documents placed on record it does not clearly appear that the demarcation proceedings have remained completely unexecuted till date, particularly when the application seeking demarcation was admittedly filed as far back as in the year 2023, it is contended that the matter requires factual verification at the level of the concerned revenue authorities and appropriate proceedings, if not already concluded, shall be undertaken in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the aforesaid aspects of the matter, this Court deems it appropriate to direct that, in the event demarcation of the land in question has not already been conducted by the concerned respondent authorities, the Tahsildar, Janjgir shall undertake and complete the demarcation proceedings strictly in accordance with law after affording due and proper opportunity of hearing to all concerned parties, and thereafter pass appropriate consequential orders in accordance with law within a period of 45 days from the date of receipt of a copy of this order. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat