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2026 DAILYLAW 7614 (CHH)

ANAND AGRAWAL v. STATE OF CHHATTISGARH

WPC/1891/2026 · 2026-04-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:18879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1891 of 2026 1 - Anand Agrawal S/o Shri Pyare Lal Agrawal Aged About 52 Years R/o Agrasen Chowk Ward No. 8, District- Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Collector, District- Korba (C.G.) 3 - Deputy Collector, Office Of Collectorate (Land Acquisition Branch), District- Korba (C.G.) 4 - Sub Divisional Officer (Revenue) Korba District- Korba (C.G.) 5 - Assistant Superintendent, Land Acquisition Branch, District- Korba (C.G.) 6 - Revenue Inspector- Korba -1 District- Korba (C.G.) ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Achyut Tiwari, Advocate For State : Mr. Anandi Sharma, Panel Lawyer Digitally signed by SHAYNA KADRI 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/04/2026 1. The petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner. 10.2 That, The Hon'ble Court may kindly be pleased to direct the respondent authorities to finalize the demarcation proceedings of the petitioner's said land, in furtherance of letters dated 19/06/2025 (Annexure-P/2, 20/06/2025 (Annexure- P/3), 04/07/2025 (Annexure-P/4), 29/08/2025 (Annexure-P/5) within stipulated time, preferably within a period of one week in accordance with law, in the interest of justice. 10.3 That, Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and allow the application /representation filed by the petitioner (Annexure P/6) in accordance with law, in the interest of justice. 10.4 That, any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition” 2. Facts of the case, as projected, are that the petitioner has filed the present writ petition stating that he is the lawful owner and Bhumi Swami of land bearing Khasra No. 215/1/घ, Ward/Halka No. 32, situated at Village Jhabar, Tehsil and District Korba (C.G.), admeasuring 0.162 hectare, having purchased the same through 3 a registered sale deed dated 25.01.2023. It is contended that since the date of purchase, the petitioner is in lawful, peaceful and continuous possession and enjoyment of the said property without any interference, and his name is duly recorded in the revenue records, which substantiates his title and possession. It is further the case of the petitioner that during the subsistence of his peaceful possession, a political party established its office adjacent to his land and thereafter started unlawfully encroaching upon a portion of the petitioner’s property by using it for parking of vehicles and attempting to raise boundary structures without any legal authority. Aggrieved by such illegal interference, the petitioner approached the Collector, Korba, seeking demarcation of the land. Pursuant thereto, an order dated 19.06.2025 was issued directing constitution of a team for conducting demarcation and submission of a report within a stipulated period. However, despite issuance of notices fixing dates for demarcation on multiple occasions, the petitioner remained present with all necessary documents, yet no officer or team member appeared on site and the demarcation proceedings were not conducted. 3. Learned counsel for the petitioner submits that despite repeated communications and opportunities, the respondent authorities have failed to carry out and conclude the demarcation proceedings, apparently due to extraneous considerations and political pressure. It is contended that even after submission of a detailed representation dated 09.02.2026 requesting completion 4 of demarcation, no effective steps have been taken by the authorities, thereby causing serious prejudice to the petitioner. It is further submitted that the petitioner, being the recorded owner, is legally entitled to demarcation of his land under the provisions of the Chhattisgarh Land Revenue Code, and the failure of the authorities to discharge such statutory duty is arbitrary, illegal and violative of the petitioner’s rights. Learned counsel argues that such inaction defeats the very purpose of demarcation and creates uncertainty regarding the petitioner’s lawful possession and enjoyment of the property. It is also contended that the petitioner has no alternative efficacious remedy and has been constrained to invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India. On these grounds, it is prayed that appropriate directions be issued to the respondent authorities to conduct and complete the demarcation proceedings of the petitioner’s land within a time-bound manner and to protect the petitioner’s lawful possession. Further, it is prayed that this petition may be disposed of at this stage, with a direction to respondent No.2/Collector, Distt. Korba to take appropriate steps in respect of application dated 09.02.2026 filed by the petitioner. 4. Learned counsel for the State has no objection to the limited prayer of the petitioner. 5. I have heard learned counsel appearing for the respective parties and have also gone through the documents and material placed on record. 5 6. From the record, it transpires that although a team of revenue officers was constituted pursuant to order dated 19.06.2025, and subsequent notices dated 20.06.2025, 04.07.2025 and 29.08.2025 were issued directing the petitioner and other concerned persons to remain present along with relevant documents, the demarcation proceedings have still not been undertaken. Such continued inaction on the part of the authorities is not justified. 7. Taking into consideration the limited relief sought by the petitioner, the present petition is disposed of at this stage with a direction to respondent No. 2/Collector, District Korba to take necessary and appropriate steps on the application/representation dated 09.02.2026 submitted by the petitioner, and to ensure that the grievance of the petitioner regarding demarcation of the subject land is considered and decided in accordance with law, within a period of 45 days from the date of receipt/production of a copy of this order. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Pending interlocutory application(s), if any, shall also stand disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge