1 2026:CGHC:26500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3227 of 2026 Naiman S/o Late Kheso Aged About 77 Years R/o Village Nakbar Tehsil Kansabel District Jashpur C.G. Through Power Of Attorney Holder His Brother Pyara S/o Late Kheso Tehsil Kansabel District Jashpur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Collector Jashpur District Jashpur C.G. 2 - The Sub Divisional Officer (Revenue) Bagich District Jashpur C.G. 3 - The Tahsildar Kansabel District Jashpur C.G. 4 - Luis S/o Shri Bhausa Aged About 44 Years R/o Village Nakbar Tehsil Kansabel District Jashpur C.G.. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Manoj Ku. Sinha, Advocate. For the State : Dr. Sourabh Pande, Dy. AG. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 30.06.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: 2 “RELIEF SOUGHT: 10.1 Call for the entire records pertaining to the case from the respondents. 10.2 Issue a writ of Certiorari and quash the impugned order dated 12.06.2026 (Ann.P/1) passed by the Tahsildar, Kansabel, District Jashpur whereby the demarcation proceedings relating to the petitioner's land have been stayed; 10.3 Issue a writ of Mandamus directing respondent Nos.2 and 3 to forthwith proceed with and conclude the demarcation proceedings in respect of Khasra Nos. 779/2, 799/2 and 799/3 situated at Village Nakbar, Tahsil Kansabel, District Jashpur, strictly in accordance with law and within a time bound period; 10.4 Direct the respondents not to be influenced by the objections raised by respondent No.4 which are unrelated to the limited scope of demarcation proceedings; 10.5 Grant any other relief, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and Award costs of the petition in favour of the petitioner.” 2. The present writ petition is directed against the order dated 12.06.2026 passed by respondent/Tahsildar, Kansabel, District Jashpur, whereby the demarcation proceedings initiated on the petitioner's application filed under Section 129 of the Chhattisgarh Land Revenue Code (CGLRC) have been stayed merely on the basis of objection raised by respondent No.4. 3 3. Learned counsel for the petitioner submits that the petitioner/Naiman S/o Late Kheso has filed an application for demarcation of his land bearing Khasra Nos.779/2, 799/2 and 799/3 area 1.197, 0.247 and 0.8009 hectare, situated at Village Nakbar, Tahsil Kansabel, District Jashpur. After filing of said application, the Tahsildar has directed the concerned Revenue Inspector as well as Halka Patwari to submit a report. During pendency of said proceeding, an objection has been raised by respondent No.4 stating that said application is not maintainable, as application has been filed by the petitioner/Naiman S/o Late Kheso through his brother Pyara S/o Late Kheso, power of attorney holder, as such, the person who seeks demarcation has not filed this application and it is further stated that some proceeding is pending, hence, no demarcation can be conducted. After considering the application, concerned Tahsildar has passed an order dated 12.06.2026 while passing an stay order in respect of demarcation proceeding, as such, petitioner is aggrieved. Learned Counsel further contended that now the concerned SDO and Collector are not seeking to conduct any proceeding and to dispose of said application. Hence, petitioner has came-up before this court with aforesaid prayer/reliefs. 4. Learned counsel for the respondent-State objected the reliefs as prayed for by the petitioner. 5. Heard learned counsel for the parties and perused the petition. 4 6. It is pertinent to mention here that apparently upon an objection having been raised by private respondent No.4, the concerned Tahsildar proceeded to pass an order dated 12.06.2026 staying the demarcation proceedings. This Court expresses its concern as to whether such an order was passed merely on the basis of objections raised by any individual. In the event any person has objections with regard to the demarcation proceedings, such person is at liberty to appear before the competent authority and place the objections on record for due consideration. However, the demarcation proceedings cannot be stayed solely on account of such objections. Therefore, the order dated 12.06.2026 passed by the Tahsildar appears, prima facie, to be illegal, arbitrary, and unsustainable in law. 7. Accordingly, order dated 12.06.2026 is hereby quashed/set aside. The concerned Tahsildar is directed to take into consideration the objections raised by respondent No.4, issue notice to all concerned and interested parties and, thereafter, proceed with and conclude the demarcation proceedings strictly in accordance with law within a period of fifteen (15) days from the date of receipt of a copy of this order. 8. With the aforesaid directions and observations, the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge J.