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2026 DAILYLAW 31616 (CHH)

TEJKARAN MAHESHWARI v. STATE OF CHHATTISGARH

WPC/4353/2026 · 2026-08-20

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010325852026 2026:CGHC:37503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4353 of 2026 1 - Tejkaran Maheshwari S/o Late Achaldas Maheshwari Aged About 40 Years R/o Ward No. 15 Nayapara Bemetara, Tahsil And District -Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector, Bemetara, District -Bemetara (C.G.) 3 - Tahsildar, Tahsil Bemetara, District -Bemetara (C.G.) 4 - Baratnin Bai Wd/o Biharilal Maheshwari, Aged About 85 Years R/o Village -Kobiya, Ward No. 10, Tahsil -Bemetara, District -Bemetara (C.G.) 5 - Sahodrabai D/o Biharilal Maheshwari Aged About 48 Years R/o Village -Kobiya, Ward No. 10, Tahsil -Bemetara, District -Bemetara (C.G.) 6 - Bimlabai Bai D/o Biharilal Maheshwari, Aged About 46 Years R/o Village -Kobiya, Ward No. 10, Tahsil -Bemetara, District -Bemetara (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ravi Kumar, Advocate and Mr. Narendra Kumar, Advocate. For Respondent(s)/State : Mr. Shreyansh Mehta, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 21/08/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction in the nature of mandamus, directing the respondent No.3/Tahsildar, Bemetara, District Bemetara (C.G.), to consider and decide the petitioner's representation dated 01.06.2026 in accordance with law and in the light of the judgment and decree dated 19.03.2019 passed in Civil Suit No.02-A/2016 and the subsequent correction order dated 21.07.2023 passed under Section 152 of the Code of Civil Procedure. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No.3/Tahsildar, Bemetara, to undertake and complete the demarcation of the land bearing Khasra No.1045/1 and Khasra Nos. 1109/1, 1110/1 and 1111/1, situated at Village Kobiya, P.H. No.35, Tahsil and District Bemetara, in accordance with the revenue records and the judgment and decree dated 19.03.2019 read with the correction order dated 21.07.2023. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent No.3 to complete the aforesaid exercise within a fixed and reasonable time period as may be prescribed by this Hon'ble Court. 10.4 That, this Hon'ble Court may kindly be pleased to pass 3 any other order/relief which this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner is not challenging any particular order but is seeking a direction from this Court to respondent No. 3, to decide the representation dated 01.06.2026 in light of the judgment and decree dated 19.03.2019 within a time frame fixed by this Court. 3. Learned counsel for the State submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending representation, he is having no objection to the limited prayer. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the concerned respondent No. 3, to decide the representation dated 01.06.2026 in light of the judgment and decree dated 19.03.2019 in which the concerned Civil Judge Class- I Bemetara, District- Bemetara has passed a compromise decree dated 19.03.2019 passed in Civil Suit No. 02- A/2016 in accordance with law, rules and regulations, and in an objective manner. 6. As by the said decree the land of the parties are required to be demarcated and based on demarcation, the revenue records are required to be corrected. 4 7. Accordingly, the concerned Tahsildar is directed to conduct demarcation after completion of the rainy season, in the month of November, 2026. 8. It is made clear that this Court has not expressed anything on the merits of the case. 9. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat