M/S. S.K. BUILDERS AND COLONIZERS v. STATE OF CHHATTISGARH
WPC/3690/2026 · 2026-08-30
Shri Amitendra Kishore Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34201 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34201 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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CGHC010266102026
2026:CGHC:38496
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3690 of 2026 • M/s. S.K. Builders And Colonizers A Registered Firm Through Shyam Lal Kanjani, S/o. Late Shri Tejumal Kanjani, Aged About 63 Years, R/o. House No. 771/1, Ward No. 34, Near Dr. Ghosh Clinic, Vatsalya, Block - A , Tikrapara, Bilaspur, District -Bilaspur, (C.G.). ... Petitioner versus
1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.).
2. The Director, Directorate Of Revenue And Disaster Management, Mantralaya, Indrawati Bhawan, Nawa Raipur, Atal Nagar, Nawa Raipur, Atal Nagar, District - Raipur (C.G.).
3. The Commissioner, Bilaspur Division, District -Bilaspur, (C.G.).
4. The Collector, Bilaspur, District -Bilaspur (C.G.).
5. The Additional Collector, Bilaspur, District - Bilaspur (C.G.).
6. The Sub-Divisional Officer (Revenue), Bilaspur District -Bilaspur (C.G.).
7. Ms. Mamta Tirkey, Presently Working And Posted As Revenue Inspector Mopka, Bilaspur, District -Bilaspur (C.G.).
8. Mr. Rajkumar Kaushik, R/o- Village- Bijor, Ward No. 49, B. R. Yadav Nagar, Tahsil -Bilaspur, District - Bilaspur (C.G.). ... Respondents For Petitioner : Mr. Vivek Kumar Agrawal, Advocate. For State/Respondents No.1 to 6 : Mr. Sabyasachi Choubey, Deputy G.A. For Respondent No.7 : Mr. Rohit Sharma, Advocate.
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 31/08/2026 DEEPTI JHA Digitally signed by DEEPTI JHA
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1. Heard.
2. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:-
“10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent No.4/Collector to consider the complaint/representation dated 21.04.2026 and objection raised by the petitioner dated 15.06.2026 & 02.07.2026 before conducting the demarcation and further, be pleased to direct the respondent No.4/Collector to supervise the fresh demarcation proceedings constituting the new demarcation team while demarcation of land bearing Khasra No.327/5 and 327/7 situated at P.H. No.30/23 Bijor, District Bilaspur (C.G.) in the interest of justice in a fair and legal manner without affecting the rights of the petitioner’s land, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No.4/Collector to reconstitute the committee for demarcation of the subject land, excluding the respondent No.7 in compliance of the
order dated 29.05.2026 passed by the Additional Collector, Bilaspur, in the interest of justice. 10.3 Any other relief, which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”
3.
Learned counsel for the petitioner submits that as per the relief clause, petitioner has prayed for the direction to the concerned Collector to consider the complaint/representation as well as the objections raised by the petitioner. Learned counsel for the petitioner further submits that petitioner is also praying for the direction to the concerned Collector to reconstitute the team/committee for demarcation of the subject land, excluding the respondent No.7.
4.
Learned counsel appearing for the respective respondents jointly submit that the Collector has already considered the prayer of the petitioner and has directed the concerned Tehsildar to reconstitute the
3 team/committee for demarcation of the subject land, excluding the respondent No.7. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the petition, it appears that the dispute between the parties is in respect of the possession of the land and for that an appropriate demarcation is required to be done. Though, earlier also demarcation has already been done between the parties but from the perusal of the record, it appears that there are distinct disputes between the parties, as such a fresh demarcation is required to be done and for that the concerned Collector has already directed the concerned Tehsildar to constitute the team while entertaining the objection of the petitioner and thereafter do demarcation while leaving some persons out, to which the petitioner has objected that due to their presence the demarcation would be doubtful. 7. Considering the aforesaid aspect of the matter, the concerned Tehsildar is directed to do fair and fresh demarcation in accordance with the provisions contained in Section 129 of the Chhattisgarh Land Revenue Code as well as the Rules appended along with the said Section and to conduct the demarcation in accordance with law while giving proper opportunity of hearing to the petitioner. The concerned authorities are also directed to consider the objection as raised by the petitioner as well as the other parties and to demarcate the land in accordance with law and if upon such demarcation, it appears that the dispute is required to be considered by the concerned authorities and the dispute can be resolved by the said demarcation, then appropriate order shall
4 be passed by the concerned authorities, however, this does not mean that the petitioner as well as the private respondents are remedy-less and they can approach before the higher authorities, if they would be dissatisfied by the demarcation. 8.
8. In view of above, the instant writ petition stands disposed of directing concerned Tehsildar to conduct demarcation as per the direction made by the concerned Collector who earlier directed to constitute the team for demarcation, therefore, the concerned Tehsildar is directed to demarcate the land of the parties as per the team constituted on the basis of the order passed by the Collector. 9. It is made clear that this Court has not made any observation on the merits of the case and the concerned Tehsildar is directed to conduct demarcation while giving prior notice to the parties and following the procedures of law within a period of 30 days’ from the date of receipt of copy of this order. The concerned Tehsildar is further directed to make a video of the said demarcation so that dispute between the parties may rest. 10. With the aforesaid observation, the instant writ petition stands disposed of. 11. Interlocutory application(s), pending if any, also stands disposed of. Sd/-
(Amitendra Kishore Prasad)
Judge Deepti Jha