1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 676 of 2026 1 - Dr. Harishankar Rai Son of Late Shri Bhagwandin Rai, Aged About 87 Years Resident of Tanki Toli, Jashpur Nagar, Tahsil And District Jashpur Chhattisgarh. ... Petitioner(s) versus 1 - Tapeshwar Pathak Son of Late Kapildev Pathak, Resident of Tanki Toli, Jashpur Nagar, Tahsil And District Jashpur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Shri Ravipal Maheshwari, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 19.06. 202 6 1. Heard. 2. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the impugned order dated 20.04.2026 passed by Chhattisgarh Board of Revenue in Revenue Case No.RN/07/R/A-70/260/2025 whereby the revision filed by the respondent has been partly allowed and the orders passed by Tehsildar, Jashpur dated 09.01.2023, SDO (Revenue) Jashpur, dated 08.04.2024 and the order of Commissioner, Surguja Division, Surguja dated 04.07.2025 have been set aside and remitted the matter back to the Tehsildar, Jashpur with a direction to correct the revenue map as INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.06.22 11:06:04 +0530 2 per the lands of the parties, get the lands of parties demarcated under the provisions of Section 129 of Chhattisgarh Land Revenue Code and after its determination, the possession of respective parties over their land should be established. 3. Learned counsel for the petitioner would submit that the Tehsildar, SDO(R) and Commissioner, Surguja Division, have concurrently passed the order in favour of the petitioner, yet the Board of Revenue has set aside the orders passed by the revenue authorities and directed the Tehsildar to demarcate the land of the petitioner. The petitioner is in possession of the said land in which the respondent is trying to interfere. The dispute pertains to encroachment over the land of the petitioner by the respondent on which the Tehsildar has passed an order under Section 250 of the Chhattisgarh Land Revenue Code for delivery of possession of the land which has been affirmed by the SDO (Revenue) and the Commissioner Surguja Division. Despite well reasoned findings recorded by the subordinate revenue authorities, the Board of Revenue, without assigning any specific reasons, have set aside the orders and remitted the matter back to the Tehsildar. By the order passed by the Board of Revenue, the controversy would revive which will take again long length of litigation. The possession of respondent is found to be illegal by the authorities, therefore the matter cannot be remitted back to the Tehsildar and the Board of Revenue ought to have decided the matter on its own merits. Therefore, the impugned order suffers from illegality and perversity and the same is liable to be set aside. 3 4. I have heard the counsel for the petitioner and perused the documents annexed with the petition. 5. The petitioner is not disputing that the matter pertains to encroachment over his land of Khasra No.404/1(J), Area 0.020 Hect, out of which 0.015 Hect. land is disputed land and his claim was for removal of encroachment of respondent and delivery of possession to him. Although the Tehsildar, SDO(R) and the Commissioner, Surguja Division, had passed the orders in favour of petitioner, but from perusal of order passed by the Board of Revenue it transpires that the Board of Revenue has considered that there was no proper demarcation under the rules made under Section 129 of The Chhattisgarh Land Revenue Code and dispute of encroachment can only be decided only after proper demarcation and thus, considering the said discrepancy, the Board of Revenue has set aside the orders passed by the revenue authorities and directed the Tehsildar,Jashpur to firstly demarcate the land and then the parties may be put to possession of their respective land. The relevant part of the order passed by the Board of Revenue is necessary to notice here which reads as under: “8. अतः उपरोक्त तथ्य, वि धिक आार ए ं वि ेचना के परिरणामस् रूप आयुक्त, सरगुजा संभाग के द्वारा पारिरत आदेश विदनांक 04.07.2025, अनुवि भागीय अधिकारी, जशपुर के द्वारा पारिरत आदेश विदनांक 08.04.2024 ए ं तहसीलदार, जशपुर के द्वारा पारिरत आदेश विदनांक 09.01.2023 वि धिवि परीत होने से विनरस्त विकया जाता है। तहसीलदार, जशपुर को विनद*शिशत विकया जाता है विक े आ ेदक ए ं अना ेदक की भूविमयों का वि धि त् नक्शे में बटांकन कर, दोनों के स् ाविमत् की भूविमयों का संविहता की ारा 129 के प्रा ान अनुसार सीमांकन काय6 ाही कर, दोनों पक्षों के स् ाविमत् की भूविम का धिचन्हांकन कर, उनका कब्जा वि धि अनुसार स्थाविपत करें। पुनरीक्षण आंशिशक रूप से स् ीकार विकया जाता है।" 4 6. Since the Board of Revenue has already remitted the matter back to the Tehsildar, Jashpur, with a direction to correct the revenue map, demarcate the land of respective parties and to put them in possession of their respective land, I do not find any perversity or jurisdictional error in the order passed by the Board of Revenue and it does not call for any interference. 7. Accordingly, the writ petition fails and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge inder