Bhagwati Prasad Dewangan Vs State of Chhattisgarh

1. The present petition has been filed under Article 226 of the Constitution of India and by way of this petition, the petitioner is not challenging any particular order, but seeking direction to the respondent authorities particular respondent No.4 to expeditious decide pending application for seeking demarcation of land bearing Khasra No.785/1 on its area 0.37 acre which is situated at Village Khamtari, Patwari Halka No.25, Revenue Circle Bilaspur, District Bilaspur (C.G.).

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2. Learned counsel for the petitioner submits that the land is ancestral property to the petitioner and the petitioner has peaceful in possession upon the aforesaid lands and cultivating paddy and vegetable without any complaint. The petitioner wanted to demarcation of his land for better future because, unauthorized person are unnecessary dispute and disturb upon his possession land without any sufficient reason and also trying to encroach and dispossession to the land of the petitioner, due to this, petitioner is being harassed and mentally tortured for cultivating paddy and vegetable. He further submits that the petitioner filed application before the respondent Authorities for seeking demarcation, but the respondent authorities has not completed demarcation proceeding and not decided the application for demarcation of the petitioner's land due to this petitioner is being harassed and also is facing very difficulties problem to possess and cultivating paddy and vegetable

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upon his said lands. The Tahsildar has issued several memo to the revenue inspector to demark the alleged land of the petitioner in which the Revenue Inspector has issued memo to appear for demarcation, but the same has not been finalized till today, due to this, the petitioner is being facing adversely effected to cultivate paddy and vegetable upon his possession land and hence the pending case is necessary to expeditious decide. The case is pending since 2023, despite it the proceeding for demarcation has not been completed and decided till today which is against the law. Therefore, it is prayed that this Court may kindly be pleased to direct the concerned respondent authorities to decide pending application for seeking demarcation of land within stipulated time, in the interest of justice.

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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 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 bearing Khasra No.785/1 on its area 0.37 acre which is situated at Village Khamtari, Patwari Halka No.25, Revenue Circle Bilaspur, District Bilaspur (C.G.). 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, 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 the concerned parties and to pass appropriate orders within a period of 45 days from the production of copy of this order.

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7. On bare perusal of the record available, it has been found that no demarcation of the said land has taken place till now, therefore, the petitioner is allowed to file application in respect of demarcation of land, and in turn, the concerned Tahsildar, 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 order 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. Accordingly, the present petition is disposed of.

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Sd/-

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(Arvind Kumar Verma) Judge

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Vasant

Bhagwati Prasad Dewangan v. State of Chhattisgarh

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Bhagwati Prasad Dewangan v. State of Chhattisgarh

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