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2026 DAILYLAW 30658 (CHH)

PAWAN KUMAR AGRAWAL( Died and Deleted) v. STATE OF CHHATTISGARH

WPC/3737/2022 · 2026-08-11

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010277392022 2026:CGHC:35540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3737 of 2022 1 - Pawan Kumar Agrawal( Died And Deleted) As Per Court Order Dated 12-02- 2026, Through LRs- 1.1 - Krishna Kumar Agrawal S/o Late Pawan Kumar Agrawal Aged About 49 Years Occupation Business, R/o RSB Compound, New Sarkanda, Bilaspur, Tehsil And Distt. Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Urban Administration And Development Department, Mahanadi Building, Atal Nagar, Raipur, Chhattisgarh. 2 - The Secretary, Government Of Chhattisgarh, Department Of Revenue, Mahanadi Building, Atal Nagar, Raipur, Chhattisgarh. 3 - The Collector District- Bilaspur, Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Bilaspur, District- Bilaspur, Chhattisgarh. 5 - Tahsildar Bilaspur, District- Bilaspur, Chhattisgarh. 6 - The Bilaspur Municipal Corporation Bilaspur Through The Commissioner, Municipal Corporation, Bilaspur, Vikas Bhawan Raipur Road, Nehru Chowk, District- Bilaspur, Chhattisgarh. ... Respondent(s) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.08.14 11:28:37 +0530 2 (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Ankit Pandey, Advocate For Respective Respondents : Mr. Shobhit Mishra, Dy. GA and Mr. Ashish Tiwari, Advocate S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/08/2026 1. By way of this petition, the petitioner seeks the following reliefs: (i) The Hon'ble Court may kindly be pleased to call for the entire records, pertaining to the petitioner's case from the possession of the respondent authorities. (ii) The Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to comply with the order passed by the Hon'ble High Court of Chhattisgarh on 08-04-2022 and to not to proceed with construction of the road in any manner and the petitioner further pray that the respondents may further restrain for disturbing the peaceful possession of the petitioner. (iii) The Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to carryout the demarcation of the aforesaid lands (Khasra Number) of the petitioner after establishing the Chanda according to the laid down procedure of land record manual instructions (Chhattisgarh Bhu Abhilekh Niyamawali) and thereafter shall carry out the demarcation as per the procedure of land record manual instructions (Chhattisgarh Bhu Abhilekh Niyamawali) under the supervision of the respondent no.4 and further direct the respondents to comply with the order passed by the Hon'ble Court dated 08-04- 3 2022 and not to proceed with the construction of road until demarcation of the aforesaid lands is carried out in accordance with law and petitioner is being compensated with the amount of compensation as per the provision of law. iv. The Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondent authorities not to disturb the petitioner from his peaceful possession by their illegal acts. v. The Hon'ble Court may kindly be pleased to restrain the respondents from construction of the approach road towards Dev Basti without carrying out the demarcation of the land of the petitioner in accordance with law and respondents be further restrained from disturbing the peaceful, physical possession of the petitioner. vi. Issue any other order or orders, writ or writs, direction or directions as this Hon'ble court may deem fit in the facts and circumstances o the case in favour of the petitioner and against the respondents 2. Learned counsel for the petitioners submits that the land of the petitioner has been taken over for the construction of road, however, compensation for the same has neither been determined nor disbursed. Hence, the petitioner has preferred the present writ petition. Earlier, the petitioner had preferred WPC No.1724/2022 before this Court, which was disposed of vide order dated 8.4.2022 with a direction to the respondent authority to conduct the demarcation of the subject land at the earliest, preferably within a time limit of 30 days. He submits that when the said order of the Court was not complied with by the respondent 4 authorities, the petitioner was constrained to prefer Contempt Petition No.835/2022, wherein vide order dated 5.5.2026, one more opportunity was granted to the concerned authority to carry out demarcation proceeding in accordance with Chhattisgarh Bhu Abhilekh Niyamawali and conclude the same within six months. However, despite the aforesaid orders, the demarcation has not been conducted till date. 3. At this stage, learned counsel for the State submits that the State will comply with the orders dated 8.4.2022 passed in WPC No.1724/2022 and the order dated dated 5.5.2026 passed in Contempt Petition No.835/2022. He further submits that the demarcation will be carried out in accordance with law, after affording due opportunity of hearing to the petitioner. 4. Considering the facts and circumstances of the case, this Court is of the opinion that demarcation of the subject land is necessary, as already directed in the earlier round of litigation. Accordingly, the petitioners are directed to approach before the concerned authorities at the earliest in this regard. The demarcation shall be carried by the State in the presence of the petitioner, after issuing advance notice to him, under Section 129 of the CG Land Revenue Code and the Rules framed thereunder. 5. It is observed that if, upon demarcation, the land of the petitioner is found to fall within the area utilized for the construction of the road, appropriate orders shall be passed for grant of compensation. This entire exercise shall be completed within a period of six months from the date of receipt of a copy of this 5 order. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned respondent authorities are directed to conduct demarcation in accordance with law and pass appropriate orders. 7. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay