Vishwanath Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.)

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2- Collector District Janjgir-Champa (C.G.)

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3- Tahsildar Pamgarh, District Janjgir-Champa (C.G.)

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4- Revenue Inspector Pamgarh, District Janjgir-Champa (C.G.)

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5 - Patwari P.H.No.-9, Village - Dongakahroud, District Janjgir-Champa (C.G.)

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... Respondent(s)

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For Petitioner : Mr. N.K. Chatterjee, Advocate. For State : Mrs. Poorva Tiwari, Panel lawyer

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Hon'ble Justice Shri Arvind Kumar Verma, Judge Order on Board

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13.06.2025

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1. The present petition has been filed under Article 226/227 of

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the Constitution of India and by way of this petition, the

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petitioner is not challenging any particular order, but seeking direction to the respondent authorities to get the land demarcated through proper method and procedure in accordance with rules and procedures contained in the Land Revenue Code. And also to give direction to the concerned Tahsildar to direct the revenue inspector of the said circle to ask the concerned Patwari to carry out the demarcation proceeding as prayed by the petitioner by directing them to adopt method by exercising Chanamunara and not to measure it by med to med and also to direct the revenue inspector to call the nearest villager and to take the signature after having been demarcated the land bearing Khasra No. 1844/3 and after the completion of demarcation proceeding, the signature of petitioner is made and the same may also be sent to the Tahsildar.

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2. Learned counsel for the petitioner submits that the receipt of the application filed by the petitioner along with challan for the purpose of demarcation of land situated at village Dongakohroud, Tahsil Pamgarh Khasra No. 1844/3 area 0.050 acre and in the application it was mentioned that the application was filed by the petitioner for the grant of relief,

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but no action taken by the Tahsildar on those application and because of this reason that the Hon’ble Court in the case of WPC No. 2068/2025 order dated 28.04.2025 had directed the revenue inspector and Patwari to make the compliance of order passed by the Court, where an order has been passed by the Tahsildar to demarcate the land for Khasra No. 1844/3 situated at village Dongakohroud and said demarcation be made in compliance of the provision of land revenue code under Section 129 of Land Revenue code within a period of 45 days from the date of receipt of order of this court.

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3. On the other hand, learned counsel for the State opposes the prayer made by the learned counsel for the Petitioner. He further contended that as per the notification dated Section 14A of the Chhattisgarh Lok Sewa Guarantee Act, 2011 provides that from the date of filing of the application for demarcation of the said land within three months the demarcation of the said land has to be done.

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4. I have heard learned counsel for the respective parties and perused the record with utmost circumspection.

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5. On bare perusal of the notification issued under Section 14A of the Chhattisgarh Lok Sewa Guarantee Act, 2011, it is clear

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that from the date of filing of the application for demarcation of the disputed land by any person, the demarcation procedure has to take place within three months from the date of filing of the application for the demarcation of the said land.

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6. In this case, the petitioner has filed the receipt of the application filed by him along with the challan for the purposed of demarcation of land situated at village Donakohroud, Tahsil Pamgarh bearing Khasra No. 1844/1 area 0.050 acre. This court in WPC No. 2068 of 2025 vide order dated 28.04.2025 directed to consider the application and if required, the petitioner is allowed to file a proper application in respect of demarcation of land, and in turn, the concerned Tahsildar, Pamgarh, District Janjgir, Champa is directed to consider the same and direct the Revenue Inspector as well as the Patwari to demarcate the land of the petitioner after giving due opportunity of hearing to all the concerned parties and after following the due process as envisaged under Section 129 of the Land Revenue Code. And also directed the concerned Tahsildar to give notice to all the concerned parties and due opportunity of hearing is required to be given to all

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the concerned parties and to pass appropriate orders within a

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period of 45 days from the production of copy of this order.

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7. On bare perusal it has been found that no demarcation has

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taken place till now. Therefore, the petitioner is allowed to file application in respect of demarcation of land, and in turn, the concerned Tahsildar, Pamgarh, District Janjgir, Champa is directed to consider the same and direct the Revenue Inspector to demarcate the land of the petitioner after giving due opportunity of hearing and after following the due process as envisaged under Section 129 of the Land Revenue Code, 1959 and to pass appropriate orders within three months from the date of receipt of copy of this order as provided in the notification issued under the Section 14A of the Lok Sewa Guarantee Act, 2012.

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8. Hence, the present petition is allowed and is accordingly disposed of.

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sd/- (Arvind Kumar Verma) Judge

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alfiza

Vishwanath v. State of Chhattisgarh

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Vishwanath v. State of Chhattisgarh

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