M/S. S.K. BUILDERS AND COLONIZERS vs STATE OF CHHATTISGARH

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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
Digitally
signed
by
DEEPTI
JHA
DEEPTI
JHA
31/08/2026

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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

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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.
Considering the aforesaid aspect of the matter, the concerned Tehsildar
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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

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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. 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.
With the aforesaid observation, the instant writ petition stands disposed
10.
of.
11. Interlocutory application(s), pending if any, also stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Deepti Jha