1 CGHC010265912023 2026:CGHC:34790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3663 of 2023 1 - Atamjeet Singh Makkad S/o Shri Jagjit Singh Makkad Aged About 49 Years R/o Makkad House, Main Road, Post Takhatpur, District Bilaspur (C.G.). 2 - Dalbeer Singh Makkad S/o Shri Jagjit Singh Makkad Aged About 41 Years R/o Sardar Traders, Main Road, Post Takhatpur, District Bilaspur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mantralaya, Mahanadi Bhawan Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2 - Collector Bilaspur, District Bilaspur (C.G.). 3 - Commissioner Municipal Corporation Bilaspur, District Bilaspur (C.G.). 4 - Tahsildar Bilaspur, District Bilaspur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Pravin Kumar Tulsyan, Advocate along with Mr. Abhishek Nirala, Advocate. For Respondent(s)/ State : Mr. S. S. Choubey, G.A. For Respondent No. 3 : Ms. Aarti Tiwari, Advocate on behalf of Mr. Ashish Tiwari, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/08/2026 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 direct the respondent authorities to stop the illegal construction on the land owned by the petitioners particularly construction of drainage ditch at parking area of petitioners land. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to act upon the demarcation dated 16.03.2023 and carry out the demolition drive in accordance with sec 129 and 248 of the Land Revenue Code and may not interfere in the peaceful possession of the petitioners over the subject land by way of any arbitrary and illegal construction of drainage ditch. 10.3 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble court deems fit in the circumstances of the case.” 2. At the outset, learned counsel for the State submit that the issue involved in the present writ petition stands squarely covered by the judgment rendered by this Court in WPC No. 1651/2024 (Smt. Namita Rishi vs. State of Chhattisgarh and others) 3 decided on 3.8.2026. It is prayed by the learned counsel for the State that the present writ petition may also be disposed of in terms of the observations and findings recorded therein. The relevant paragraphs of the said judgment are reproduced below:– “8.Considering the fact that this Court, in earlier proceedings as well as the competent revenue authority, had directed demarcation of the land in question and in light of judgment rendered by Supreme Court in A.P. Electrical Equipment Corporation (supra) , this Court is of the opinion that the ends of justice would be served if a fresh demarcation is undertaken in the presence of all the concerned stakeholders. Accordingly, without expressing any opinion on the merits of the rival claims, the writ petition is disposed of with a direction that the competent Revenue Authority shall undertake a fresh demarcation of the land bearing Khasra No. 1552 as well as the adjoining lands, including the property claimed by the petitioner, after issuing notice to the petitioner, the Municipal Corporation and all other affected landowners, and shall complete the exercise strictly in accordance with law by taking into consideration the relevant revenue 4 records, map, field book and other connected documents. The demarcation proceedings shall also identify the existing alignment of the road and the proposed drainage. 9.The aforesaid exercise shall be completed, as far as possible, within a period of 90 days from the date of receipt of a certified copy of this order. It is made clear that the rights and contentions of all the parties are kept open, and any further action with regard to construction of the drainage or removal of any alleged encroachment shall be taken only after completion of the aforesaid demarcation and strictly in accordance with law. 10.However, the parties are expected to resolve the dispute amicably so as to facilitate a just and expeditious decision in the matter. The continued pendency of the dispute would not serve the purpose of the Municipal Corporation with regard to the widening of the road and the construction of the drainage system, particularly when the drainage has already been in existence for a considerable period of time. 11.It is made clear that this Court has not expressed anything on the merits of the case. 12.With this observation and direction, the writ petition is disposed of.” 5 3. Since the grievance of the petitioner is identical to the one considered in WPC No. 1651/2024 (Smt. Namita Rishi vs. State of Chhattisgarh and others) decided on 3.8.2026, and the petitioner in the present case is also seeking the same relief, the writ petition is accordingly disposed of in terms of and in line with the aforesaid judgment to conduct a fresh demarcation bearing Khasra No. 1632/2 admeasuring 34 dismil and Khasra No. 1632/3 admeasuring 79 dismil situated at village- Mangla, District- Bilaspur, C.G.. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat