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2026 DAILYLAW 27509 (CHH)

JASMEET KAUR GANDHI v. STATE OF CHHATTISGARH

WPC/3644/2026 · 2026-07-15

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010269892026 2026:CGHC:30138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3644 of 2026 Jasmeet Kaur Gandhi W/o Bhupendra Singh Gandhi Aged About 51 Years R/o 31/424, Indira Nagar, Panjabi Colony, Dayalband, Bilaspur, District Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Housing And Environment, Nawa Raipur Mahanadi Bhawan, Raipur District Raipur Chhattisgarh 2 - Collector, Bilaspur District Bilaspur Chhattisgarh 3 - Sub Divisional Officer Bilaspur, District Bilaspur Chhattisgarh 4 - Tehsildar Tehsil Bilaspur, District Bilaspur Chhattisgarh 5 - Rajendra Kumar Maurya S/o Suraj Pal Maurya R/o Dheka, Bilaspur, District Bilaspur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Mahima Chandra, Advocate For State : Mr. Shobhit Mishra, Dy. G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 16.07.2026 1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has sought issuance of an appropriate writ, order or direction commanding respondent YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.17 10:58:03 +0530 2 No.4/Tehsildar, Bilaspur, to conclude the demarcation proceedings initiated pursuant to Memorandum dated 09.03.2026 in respect of the petitioner's land bearing Khasra No.30, Rakba 0.0490 Hectare (0.121 Acre), situated at Village Dheka, Tehsil and District Bilaspur (C.G.), on the basis of her application dated 04.06.2025, which is stated to be pending consideration despite initiation of the demarcation proceedings. The petitioner has prayed for following relief(s) :- “10.1 That, this Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction directing Respondent No.4/Tehsildar, Bilaspur, to complete the demarcation proceedings initiated pursuant to Memorandum dated 09.03.2026 in respect of the petitioner's land bearing Khasra No.30, Rakba 0.0490 ofon Hectare (0.121 Acre), situated at Village Dheka. Tehsil and District Bilaspur (C.G.), immediately after the rainy season, in the month of September. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner.” 2. Learned counsel appearing for the petitioner submits that the petitioner is the recorded owner of the subject land, having acquired the same by a registered sale deed dated 27.08.2013. It is submitted that though an earlier demarcation had been conducted, a fresh dispute arose on account of alleged 3 encroachment by the adjoining landowner, respondent No.5, who is stated to have demolished the petitioner's boundary wall and illegally occupied a portion of the land. Learned counsel would submit that in view of the continuing boundary dispute, the petitioner submitted a fresh application for demarcation on 04.06.2025, whereupon respondent No.4 himself initiated the proceedings by issuing Memorandum dated 09.03.2026, constituting a joint team of Revenue Inspectors and Patwari and fixing 13.04.2026 as the last date for submission of the demarcation report. It is further submitted that despite initiation of the proceedings, no final decision has been taken till date. Though respondent No.5 has submitted objections and the petitioner has already filed a reply thereto, the application remains undecided without any justification. It is, therefore, prayed that respondent No.4 be directed to conclude the pending demarcation proceedings within a time-bound period. 3. On the other hand, learned State counsel submits that the petitioner's application dated 04.06.2025 is still pending before the competent authority and the same shall be considered and decided strictly in accordance with law after affording due opportunity of hearing to all concerned parties. 4. I have heard learned counsel for the parties and considered the submissions advanced at the Bar. 4 5. Considering the matter in its entirety, particularly the fact that the petitioner's application for demarcation dated 04.06.2025 is still pending before respondent No.4 and the State itself has expressed its willingness to decide the same in accordance with law, this Court is of the opinion that no useful purpose would be served by keeping the present writ petition pending. 6. Accordingly, without expressing any opinion on the merits of the rival claims of the parties, respondent No.4/Tehsildar, Bilaspur, is directed to consider and decide the petitioner's pending application dated 04.06.2025, along with the objections and reply filed by the respective parties, strictly in accordance with law, after affording reasonable opportunity of hearing to all affected parties, by passing a reasoned and speaking order, within a period of 30 days from the date of receipt of a certified copy of this order. 7. It is further observed that since the proceedings have remained pending for a considerable period, no unnecessary or unwarranted adjournment shall be granted by the Tehsildar to either of the parties, and every endeavour shall be made to conclude the proceedings within the aforesaid period. 8. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh