1 CGHC010525022025 2026:CGHC:36696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6423 of 2025 1 - Krishnanand Dubey S/o Late Brijbhushan Dubey Aged About 52 Years R/o Ward No. 5, Bagbahara, Tahsil- Bagbahara, Distt. Mahasamund (C.G.) 2 - Rishikesh Dubey S/o Krishnanand Dubey Aged About 31 Years R/o Ward No. 5, Bagbahara, Tahsil- Bagbahara, Distt.- Mahasamund (C.G.) --- Petitioners versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 2 - The Secretary Department Of Land Records, State Government Of Chhattisgarh, Indravati Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur (C.G.) 3 - The Collector Mahasamund Distt. Mahasamund (C.G.) 4 - Upper Collector, Mahasamund Distt. Mahasamund (C.G.) 5 - Sub-Divisional Officer (Revenue) Bagbahara, Distt. Mahasamund (C.G.) 6 - Tahsildar Bagbahara, Distt. Mahasamund (C.G.) 7 - Rupesh Goel S/o Late Vidhyasagar Agrawal Aged About 51 Years R/o Bazarpara, Bagbahara, Tahsil- Bagbahara, Distt.- Mahasamund (C.G.) --- Respondent(s) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 WPC No. 1445 of 2026 1 - Rupesh Goel S/o Late Vidhyasagar Agrawal Aged About 51 Years R/o Bazarpara Bagbahara Tahsil Bagbahara, District- Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan, Manatralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - The Secretary Department Of Land Records, State Government Of Chhattisgarh, Indravati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - The Collector Mahasamund, District Mahasamund (Chhattisgarh) 4 - Upper Collector, Mahasamund,, District Mahasamund (C.G.) 5 - Sub Divisional Officer (Revenue) Bagbahara,, District- Mahasamund (C.G.) 6 - Tahsildar, Bagbahara, District- Mahasamund (C.G.) 7 - Krishnanand Dubey S/o Late Brijbhushan Dubey, Aged About 53 Years R/o Ward No. 5, Baghahara, District- Mahasamund (C.G.) 8 - Rishikesh Dubey S/o Krishnanand Dubey Aged About 32 Years R/o Ward No. 5, Bagbahara, Tahsil- Bagbhara, District Mahasamund (C.G.) 9 - Deputy Commissioner/ Deputy Registrar Cooperative Society, Bagbahara, Mahasamund Distt. Mahasamund, (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner in WPC No. 6428/2025 & For respondents No. 7 to 9 in WPC No. 1445/2026 :- Mr. Dev Ashish Biswas, Advocate For Petitioner in WPC No. 1445/2026 & For respondent No. 7 in WPC No. 6428/2025 :- Mr. Rajat Agrawal, Advocate For State :- Anand Dadariya, Dy. A.G. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad 3 Order on Board 17.08.2026 1. Since the issues involved in W.P.(C) No. 6423 of 2025 and W.P. (C) No. 445 of 2026 arise out of the same subject matter concerning demarcation of land situated at Village Lalpur, Tahsil Bagbahara, District Mahasamund, both the petitions are being heard and decided by this common order. 2. Following reliefs have been prayed in WPC No. 6423/2025:- “10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and may kindly be pleased to quashed the impugned order dated 07.11.2025 (Annexure P-1) passed by the respondent no. 4 Upper Collector Mahasamund. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 4 Upper Collector Mahasamund to comply with the directions issued bythe State Government and letter dated 27.09.2025 issued by the respondent no. 2 for preparing new and proper map of Village Lalpur, by gating satellite images and zeo-referencing, before demarcation of the land situated under the area of Village – Lalpur. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to comply with the directions issued by the respondent no. 2 vide its letter dated 27.09.2025 for preparing new and proper map of Village Lalpur, by gating satellite images and zeo- referencing, before demarcation of the land of private respondent situated under the area of Village – Lalpur. 4 10.4 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioner.” 3. Following reliefs have been prayed in WPC No. 1445/2026:- “10.1. Quash and set aside all proceedings, notices and actions initiated by the authorities on the basis of false, frivolous and motivated complaints made by Respondent No. 07 or 08 COMMON against the petitioner, as they do not have any locus standie to complaint against revenue proceedings of year 1976 and cultivation of land etc. 10.2. Direct the respondent authorities to take appropriate action and conduct a fresh demarcation proceeding under the supervision of Hon'ble Court, as petitioner is already tired and harassed by the conduct of respondent no. 07 and 08. 10.3. Direct the respondent authorities not to interfere with the petitioner's lawful agricultural activities and permit the petitioner to sell the paddy crop grown on his land without any obstruction on the basis of the false allegations made by Respondent No. 07 or 08. 10.4. Issue a writ in the nature of mandamus, certiorari or any other nature directing actions against all the erring officers, who without any formal notice or communication to the present petitioner take actions under the influence of respondent no. 07 and 08 and orally refuse to procure paddy from petitioner land. 10.5. Direct the competent authorities to decide the application/representation filed by the present 5 petitioner before concerned revenue authorities dated 10.10.2025 with immediate effect. 10.6. Pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 4. Learned counsel appearing for the petitioners in W.P.(C) No. 6423 of 2025 submits that the revenue authorities themselves had noticed that the existing online map of Village Lalpur was defective and the manual map was in a dilapidated condition. It is submitted that the competent authority had thereafter issued directions for preparation of a proper map by using satellite imagery and geo-referencing. Despite the same, the authorities proceeded to constitute a team for demarcation without first preparing the requisite map. It is further submitted that an earlier writ petition, i.e. W.P.(C) No. 6192 of 2025, was disposed of by this Court on 26.11.2025 on the submission of the State that the original map for the relevant period had been traced and that demarcation could thereafter be undertaken. According to learned counsel, the petitioner subsequently approached the record room for obtaining the said map, but was informed that the same was not available. It is, therefore, submitted that demarcation ought not to be undertaken on the basis of a defective or unavailable map. 5. Learned counsel appearing for the petitioner in W.P.(C) No. 1445 of 2026, on the other hand, submits that the petitioner has been 6 pursuing demarcation of his land since 2015 and had submitted a formal application on 05.07.2023. Despite an earlier order passed by this Court in W.P.(C) No. 4909 of 2023 directing completion of the demarcation, the matter has remained pending for a considerable period. It is submitted that the petitioner has already approached this Court in contempt proceedings and other connected proceedings and that the delay is causing serious prejudice to him. 6. It is further submitted that the demarcation proceedings conducted pursuant to the orders of the revenue authorities had revealed encroachment over a portion of the petitioner's land by the private respondents. According to learned counsel, the private respondents are repeatedly instituting proceedings and making complaints only to delay the demarcation process. Learned counsel, therefore, seeks appropriate directions for completion of the demarcation in accordance with law. 7. Learned counsel appearing for the private respondents submits that the grievance raised by the petitioners in the respective petitions is misconceived. It is submitted that the demarcation proceedings are required to be undertaken strictly in accordance with the revenue records and the applicable provisions of law and that no prejudice would be caused to either party if the competent revenue authority undertakes the exercise after following due procedure. It is further submitted that the private respondents are entitled to place their objections before the competent authority 7 and that disputed questions concerning possession, boundaries and the correctness of revenue records cannot appropriately be adjudicated in the present writ proceedings. 8. Learned State counsel submits that the revenue authorities are willing to undertake the demarcation exercise in accordance with law and on the basis of the records available with them. It is submitted that the earlier proceedings before this Court have already resulted in directions for carrying out the demarcation and that the competent revenue authorities may be permitted to undertake the exercise after taking into consideration the relevant revenue records, maps and other material available on record. Learned State counsel further submits that the respective grievances of the parties can be considered by the competent revenue authority and that this Court may not adjudicate disputed questions of fact in exercise of its writ jurisdiction. 9. I have heard learned counsel for the parties and perused the material available on record. 10. The pleadings of both the petitions disclose that the dispute essentially concerns the demarcation of lands situated at Village Lalpur, Tahsil Bagbahara, District Mahasamund. It is also evident that the parties have approached this Court on earlier occasions in relation to the same demarcation proceedings and that directions have already been issued for completing the exercise in accordance with law. 8 11. In view of the nature of the dispute, this Court is of the considered opinion that it would not be appropriate to enter into the disputed questions regarding the correctness of the respective maps, boundaries, possession or alleged encroachment in the present writ petitions. Such issues are required to be considered by the competent revenue authorities on the basis of the relevant records and after affording due opportunity to all concerned parties. 12. At the same time, the grievance of the parties regarding prolonged pendency of the demarcation exercise cannot be ignored. The competent authority is, therefore, required to undertake the exercise expeditiously, fairly and strictly in accordance with the provisions of the Chhattisgarh Land Revenue Code, 1959 and the applicable instructions governing demarcation. 13. Accordingly, it is directed that the competent revenue authority shall undertake/complete the demarcation of the concerned lands situated at Village Lalpur, Tahsil Bagbahara, District Mahasamund, strictly in accordance with law, after taking into consideration the relevant revenue records, available maps and other material necessary for determining the correct boundaries. Before undertaking the demarcation, all necessary parties likely to be affected by the exercise shall be duly noticed and afforded an opportunity to remain present and place their relevant documents/objections before the competent authority. 9 14. If the competent authority finds that any additional map, survey, satellite imagery, geo-referencing or other technical exercise is necessary for conducting an accurate demarcation, the same shall be undertaken in accordance with the applicable Government instructions and procedure. The competent authority shall thereafter complete the demarcation exercise expeditiously, preferably within a period of 60 days from the date of receipt of a copy of this order, subject to cooperation by all concerned parties. 15. It is made clear that this Court has not expressed any opinion on the merits of the respective claims of the parties, their title, possession, alleged encroachment or correctness of the revenue entries. The competent authority shall take an independent decision strictly in accordance with law and on the basis of the material available before it. 16. The parties shall cooperate with the competent authority and shall not seek unnecessary adjournments or otherwise obstruct the demarcation proceedings. 17. With the aforesaid directions, both the petitions stand disposed of. 18. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Vishakha