Extracted from the PDF above. The PDF is authoritative.
CGHC010260112026
2026:CGHC:31170
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3802 of 2026 1 - Kuldeep Chawla S/o Late Shri Hari Singh Chawla Aged About 70 Years R/o- Near Bajrang Hotel, Ambedkar Chowk, Baloda Bazar, Tahsil And District Baloda Bazar- Bhatapara (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur, District Raipur
(C.G.) 2 - The Divisional Commissioner Raipur Division, Raipur (C.G.) 3 - The Collector District Baloda Bazar- Bhatapara (C.G.) 4 - The Sub Divisional Officer (Revenue) Baloda Bazar, District Baloda Bazar-
Bhatapara
(C.G.) 5 - The Tehsildar Baloda Bazar, District Baloda Bazar- Bhatapara (C.G.) 6 - Ramesh Kedia S/o Late Shri Abeerchand Kedia R/o Shanti Sarovar Housing Society, Village- Khairghata, Lavan Road, Baloda Bazar, District Baloda Bazar- Bhatapara (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Rishabh Bajaj, Advocate For State
:- Mr. Amit Nayak, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 22.07.2026
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1) That, issue a writ of mandamus, or any other appropriate writ, order or direction, directing Respondent No. 3 (Collector, Balauda Bazar- Bhatapara) to decide the petitioner's representation dated 02.06.2026 (Annexure P/1) by way of a reasoned and speaking order, after affording an opportunity of hearing to the petitioner, within such time as this Hon'ble Court may deem fit, preferably within a period of sixty (60) days from the date of production of a certified copy of the order passed herein; 10.2) pending decision on the said representation, direct Respondent Nos. 4 and 5 not to proceed further with site inspection/demarcation in Revenue Case No. 202404210300056/B-121/2023-24, or in any connected proceeding concerning Khasra No. 850/4, Village/Market Balauda Bazar, without affording prior notice and opportunity of hearing to the petitioner;
10.3 pass any other order(s) or direction(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the case; 10.4 award the cost of this petition to the petitioner.”
2. Learned counsel appearing for the petitioner submits that private respondent No. 6 has been repeatedly filing applications for demarcation in respect of the subject property. It is submitted that the petitioner has already filed objections before the competent authority requesting that the said demarcation proceedings may be conducted only after considering his objections and by affording him an opportunity of hearing. However, the objections/application submitted by the petitioner have not been considered by the concerned authority, i.e., the Tehsildar, Balodabazar. It is, therefore, submitted that the petitioner has approached this Court with a limited prayer for issuing an appropriate direction to the Tehsildar, Balodabazar to consider and decide the grievance/objection raised by the petitioner in accordance with law before proceeding further in the matter. 3. Learned State counsel appearing for the respondents submits that, in case any objection has been filed by the petitioner before the competent authority, the same shall be considered and decided by the concerned authority in accordance with law, after affording due opportunity of hearing to all the concerned parties. It is further submitted that the demarcation proceedings shall be conducted strictly in accordance with the applicable provisions
and no prejudice shall be caused to the petitioner.
Accordingly, it is prayed that the writ petition may be disposed of with an appropriate direction in this regard. 4. Heard learned counsel for the parties. 5. Considering the facts and circumstances of the case, the Tehsildar concerned is directed to consider the application/objection submitted by the petitioner and afford due opportunity of hearing to him in the demarcation proceedings initiated on the basis of the application filed by respondent No. 6. The petitioner is directed to appear before the Tehsildar concerned along with a fresh appropriate application, along with a copy of this order. Upon such application being submitted, the Tehsildar, Balodabazar shall consider the grievance raised by the petitioner and ensure that an opportunity of hearing is granted to the petitioner before conducting any demarcation proceedings or submitting the demarcation report pursuant to the application filed by respondent No. 6. 6. With the aforesaid direction, the present writ petition stands
disposed of.
sd/- (Amitendra Kishore Prasad) Judge Vishakha