Disposed¶60

Bodhi v. State of Chhattisgarh

Chhattisgarh HC14 Jan 2026WPC/4559/2022

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; Justice Narendra Kumar Vyas; order dated 15.01.2026; WPC Nos. 4471, 5109, 4559 and 4747 of 2022 disposed of on ground of alternate remedy; maintainability of writ petition; appeal under Section 44(2) of the Land Revenue Code, 1959; District Level Demarcation Committee; demarcation of land; compensation; liberty to file appeal before appellate authority; 45 days; condonation of delay; no limitation plea; Khairagarh Chhuikhadan Gandai; neutral citation 2026:CGHC:2412; NAFR (not approved for reporting).

What did the court decide?

Liberty to file an appeal before the appellate authority; if preferred within 45 days of receipt of a copy of the order, the appeal is to be decided on its own merit without a limitation objection, the Court having condoned the delay. ¶60

Bodhi Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶60

Issue for consideration

Whether the writ petitions are maintainable, the State contending that the petitioners have an alternate and efficacious remedy of filing an appeal under Section 44(2) of the Land Revenue Code, 1959. +1 more

¶59

Court's answer

In view of the petitioners having an alternate remedy of filing an appeal, the writ petitions were disposed of rather than entertained.

¶60

Ratio / Principle

The petitioner is at liberty to file an appeal before the appellate authority.

¶61

Key takeaways

If an appeal is preferred before the appellate authority within 45 days from the date of receipt of a copy of the order, the appellate authority will consider and decide it on its own merit without taking a plea of limitation, as the Court has condoned the delay in preferring the appeal.ratio¶62

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR (Narendra Kumar Vyas, J.), order dated 15.01.2026 — Four writ petitions (WPC Nos. 4471, 5109, 4559 and 4747 of 2022) were filed seeking directions to the respondent authorities to constitute a District Level Demarcation Committee for conducting demarcation of the petitioners' lands and to provide compensation in accordance with law. Learned counsel for the State submitted that the petitioners had an alternate and efficacious remedy of filing an appeal under Section 44(2) of the Land Revenue Code, 1959, and that the writ petitions were therefore not maintainable at that juncture. In view of the availability of the alternate remedy, the Court disposed of the writ petitions, granting the petitioners liberty to file appeals before the appellate authority; any appeal preferred within 45 days of receipt of a copy of the order is to be considered and decided on its own merit without a plea of limitation, the Court having already condoned the delay in preferring the appeal.

2026:CGHC:2412

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPC No. 4471 of 2022

¶6

Santosh Bais S/o Late Shri S.S. Bais Aged About 53 Years R/o Ward No. 08, Turkaripara, In Front Of Sanskritik Bhawan Khairagarh, Ps And Tahsil Khairagarh, District - Rajnandgaon Now District Khairagarh Chhuikhadan Gandai Chhattisgarh. At Present R/o Q.N. 2821 Rohinipuram Colony Gole Chowk Pallavi Vihar P.S. Raipura District Raipur Chhattisgarh.

¶7

--- Petitioner

¶8

versus

¶9

1 - State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

¶10

2 - Secretary, State Of Chhattisgarh Urban Administration Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

¶11

3 - Collector Khairagarh Chhuikhadan Gandai District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶12

4 - Chief Municipal Officer, Nagar Palika Parishad, Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶13

5 - Sub Divisional Officer (Revenue) Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶14

6 - Tahsildar, Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶15

--- Respondents

¶16

WPC No. 5109 of 2022

¶17

Surya Vijay Singh S/o Late Shayam Karan Singh Aged About 68 Years R/o - Ganjipara Ward No. 4, Khairagarh Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh

¶18

--- Petitioner

¶19

Digitally signed by BHUMIKA BHUMIKA ANGARE ANGARE Date: 2026.01.16 10:45:32 +0530

¶20

¶21

Versus

¶22

1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Managment, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur Chhattisgarh

¶23

2 - Collector Khairagarh Chhuikhadan Gandai District - Khairagarh Chhuikhadan Gandai Chhattisgarh

¶24

3 - Sub Divisional Officer (R) Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh

¶25

4 - Tahsildar Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh

¶26

5 - Patwari P.H.No. 30 Sonesarar, Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh

¶27

6 - Executive Engineer Public Works Department, Division Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh

¶28

--- Respondents

¶29

WPC No. 4559 of 2022

¶30

Bodhi S/o Jagdev Teli Aged About 46 Years Muska Khairagarh Tahsil Khairagarh District Rajnandgaon Chhattisgarh. Now District Khairagarh Chhuikhadan Gandai, Chhattisgarh.

¶31

--- Petitioner

¶32

Versus

¶33

1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan Mantralaya, Atal Nagar New Raipur District Raipur Chhattisgarh.

¶34

2 - Collector, Khairagarh Chhuikhadan Gandai District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶35

3 - Sub Divisional Officer (R) Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶36

4 - Tahsildar Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶37

5 - Revenue Inspector, Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶38

6 - Executive Engineer, Department Of Public Works, Division Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh.

¶39

--- Respondents

¶40

¶41

WPC No. 4747 of 2022

¶42

Kunj Bai W/o Girdhar Lal Aged About 57 Years R/o Village Sonesarar Tahsil Khairagarh District- Kahiragarh Chhuikhandan Gandai, Chhattisgarh.

¶43

--- Petitioner(s)

¶44

Versus

¶45

1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District- Raipur, Chhattisgarh.

¶46

2 - Collector Khairagarh Chhuikhadan Gandai District- Khairagarh Chhuikhadan Gandai, Chhattisgarh.

¶47

3 - Sub Divisional Officer (R) Khairagarh District- Khairagrh Chhuikhadan Gandai, Chhattisgarh.

¶48

4 - Tahsildar Khairagarh District- Khairagarh Chhuikhadan Gandai, Chhattisgarh.

¶49

5 - Revenue Inspector Khairagarh District- Khairagarh Chhuikhadan Gadai, Chhattisgarh.

¶50

6 - Executive Engineer Department Of Public Works, Division Khairagarh District- Khairagarh Chhuikhadan Gandi, Chhattisgarh.

¶51

--- Respondents

¶52

For Respective : Mr. Purnendra Khichariya, Advocate and Mr. F.S. Petitioners Khare, Advocate For State : Mr. Keshav Gupta, Government Advocate

¶53

Hon'ble Shri Justice Narendra Kumar Vyas

¶54

Order on Board

¶55

15.01.2026

¶56

These petitions have been filed by the petitioners for issuance of direction to respondent authorities to constitute a District Level Demarcation Committee for conducting demarcation of the petitioners' lands and provide compensation to them in accordance with law.

¶57

Learned counsel for the State would submit that the petitioners have an alternate and efficacious remedy of filing an appeal as per Section

¶58

¶59

44(2) of the Land Revenue Code, 1959, therefore, the writ petition at this juncture is not maintainable.

¶60

In view of the above that the petitioners have an alternate remedy of filing an appeal, the instant writ petition is disposed of.

¶61

The petitioner is at liberty to file an appeal before the appellate authority.

¶62

In the eventuality of preferring an appeal by the petitioner before the appellate authority within 45 days from the date of receipt of copy of this order, the appellate authority will consider and decide the same on its own merit without taking plea of limitation as this Court has already condoned the delay in preferring the appeal.

¶63

Sd/-

¶64

(Narendra Kumar Vyas)

¶65

Judge

¶66

Bhumika

Parties & counsel

AI extract

petitioner
Santosh Bais S/o Late Shri S.S. Bais Aged About 53 Years R/o Ward No. 08, Turkaripara, In Front Of Sanskritik Bhawan Khairagarh, Ps And Tahsil Khairagarh, District - Rajnandgaon Now District Khairagarh Chhuikhadan Gandai Chhattisgarh. At Present R/o Q.N. 2821 Rohinipuram Colony Gole Chowk Pallavi Vihar P.S. Raipura District Raipur Chhattisgarh.¶6
Purnendra Khichariya, F.S. Khare
petitioner
Surya Vijay Singh S/o Late Shayam Karan Singh Aged About 68 Years R/o - Ganjipara Ward No. 4, Khairagarh Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh¶17
Purnendra Khichariya, F.S. Khare
petitioner
Bodhi S/o Jagdev Teli Aged About 46 Years Muska Khairagarh Tahsil Khairagarh District Rajnandgaon Chhattisgarh. Now District Khairagarh Chhuikhadan Gandai, Chhattisgarh.¶30
Purnendra Khichariya, F.S. Khare
petitioner
Kunj Bai W/o Girdhar Lal Aged About 57 Years R/o Village Sonesarar Tahsil Khairagarh District- Kahiragarh Chhuikhandan Gandai, Chhattisgarh.¶42
Purnendra Khichariya, F.S. Khare
respondent
State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.¶9
Keshav Gupta
respondent
Secretary, State Of Chhattisgarh Urban Administration Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.¶10
Keshav Gupta
respondent
Collector Khairagarh Chhuikhadan Gandai District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶11
Keshav Gupta
respondent
Chief Municipal Officer, Nagar Palika Parishad, Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶12
Keshav Gupta
respondent
Sub Divisional Officer (Revenue) Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶13
Keshav Gupta
respondent
Tahsildar, Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶14
Keshav Gupta
respondent
State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Managment, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur Chhattisgarh¶22
Keshav Gupta
respondent
Collector Khairagarh Chhuikhadan Gandai District - Khairagarh Chhuikhadan Gandai Chhattisgarh¶23
Keshav Gupta
respondent
Sub Divisional Officer (R) Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh¶24
Keshav Gupta
respondent
Tahsildar Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh¶25
Keshav Gupta
respondent
Patwari P.H.No. 30 Sonesarar, Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh¶26
Keshav Gupta
respondent
Executive Engineer Public Works Department, Division Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh¶27
Keshav Gupta
respondent
State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan Mantralaya, Atal Nagar New Raipur District Raipur Chhattisgarh.¶33
Keshav Gupta
respondent
Collector, Khairagarh Chhuikhadan Gandai District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶34
Keshav Gupta
respondent
Sub Divisional Officer (R) Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶35
Keshav Gupta
respondent
Tahsildar Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶36
Keshav Gupta
respondent
Revenue Inspector, Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶37
Keshav Gupta
respondent
Executive Engineer, Department Of Public Works, Division Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh.¶38
Keshav Gupta
respondent
State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District- Raipur, Chhattisgarh.¶45
Keshav Gupta
respondent
Collector Khairagarh Chhuikhadan Gandai District- Khairagarh Chhuikhadan Gandai, Chhattisgarh.¶46
Keshav Gupta
respondent
Sub Divisional Officer (R) Khairagarh District- Khairagrh Chhuikhadan Gandai, Chhattisgarh.¶47
Keshav Gupta
respondent
Tahsildar Khairagarh District- Khairagarh Chhuikhadan Gandai, Chhattisgarh.¶48
Keshav Gupta
respondent
Revenue Inspector Khairagarh District- Khairagarh Chhuikhadan Gadai, Chhattisgarh.¶49
Keshav Gupta
respondent
Executive Engineer Department Of Public Works, Division Khairagarh District- Khairagarh Chhuikhadan Gandi, Chhattisgarh.¶50
Keshav Gupta

Coram

AI extract

Narendra Kumar Vyasauthor¶53

Bodhi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bodhi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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