D AND D CONSTRUCTIONS, vs STATE OF CHHATTISGARH

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CGHC010318882026 2026:CGHC:45925
NAFR
Digitally
signed by
RAGHVENDRA
JAT
RAGHVENDRA
JAT
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4443 of 2026
1 - D And D Constructions, Through Its Partner Dinesh Kumar Mishra,
S/o B B. Mishra, Aged About 61 Years Address, M I G 1 / 865, H U D C
O Bhilai, Tehsil And District Durg C. G.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Secretary Department Of
Revenue Mahanadi Bhawan Mantralaya, New Raipur District Raipur
Chhattisgrh.
2 - Senani Pratham Vahini, Chhattisgrh, Sashashtra, Bal Through Its
Commanding Officer, Bhilai District Durg Chhattisgarh.
3 - Collector Durg Collectorate Office District Durg Chhattisgarh.
4 - Tehsildar (Revenue) Tehsil Office Durg Chhattisgarh.
5 - Revenue Inspector, Titurdih Gram Titurdih,and District Durg
Chhattisgarh.
6 - Patwari Gram Titurdih Tehsil And District Durg Chhattisgarh.
... Respondent(s)

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For Petitioner(s) : Mr. Brijesh Chandra, Advocate.
For Respondent(s)/State : Mr. Sangharsh Pandey, G.A.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
30/10/2026
1. The petitioner is aggrieved by the inaction on the part of the
respondent authorities by which even after passing of order dated
07.02.2023 by the Additional Collector, Durg in Revenue Case No.
202208100200002/66/A-12/2021-22, in which an specific order
has been passed for demarcation of land in accordance with law,
till date demarcation proceedings has not been concluded.
2. By way of this petition, the petitioner has prayed for following
reliefs:-
“(a) Issue appropriate writ, order, or direction, including
writ in the nature of mandamus, directing the respondents
to forthwith complete the demarcation proceedings in
respect of the subject land at the earliest preferably within
02 months may be deemed fit by this Hon'ble Court;
(b) Issue an appropriate writ, order, or direction, restraining
the respondents from interfering with the peaceful
possession and lawful construction activities of the
petitioner over the land bearing Khasra No. 18/7 and 18/38
situated at Village Titurdih, District Durg:
(c) Issue an appropriate writ, order, or direction declaring
that the action/inaction of the respondents is arbitrary,
illegal, and violative of Articles 14, 19(1)(g), 21, and 300-A
of the Constitution of India;
(d) Grant any other relief, order, or direction which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.”
3. Learned counsel for the State submits that, in compliance with the
order dated 27.10.2026, the concerned Tahsildar, Durg, has filed

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an affidavit stating that necessary arrangements have been made
for carrying out the demarcation of the petitioner's land and that
the authorities are ready and willing to undertake the demarcation
proceedings. However, it is submitted that, for one reason or
another, the petitioner himself has been seeking time, as a result
of which the demarcation could not be carried out.
4. At this stage, learned counsel for the petitioner submits that the
petitioner shall extend all necessary cooperation and provide
proper assistance to the concerned authorities to facilitate the
demarcation of the land in question, so that the proceedings may
be completed without any further delay.
5. I have heard learned counsel for the parties and perused the
material available on record.
6. Considering the facts and circumstances of the case, and
particularly the submissions made on behalf of the parties, this
Court deems it appropriate to direct the petitioner and the
concerned authorities to ensure that the demarcation of the land in
th
question is carried out strictly in accordance with law on 17
November, 2026 . It is clarified that no separate notice is required
to be issued to the petitioner for the said purpose, and notices are
required to be issued only to respondent No. 2 and the other
concerned persons, as may be necessary in accordance with law.
7. It is further directed that the requisite notices shall be issued
during the week commencing 2nd November, 2026 , so as to

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enable the concerned authorities to carry out the demarcation
proceedings on 17th November, 2026 , as directed by this Court.
8. All persons to whom notices have been issued in connection with
the demarcation proceedings are directed to remain present on
the scheduled date and participate in the proceedings. They shall
extend due cooperation to the concerned authorities to facilitate
the completion of the demarcation in accordance with law. It is
made clear that any person who has been duly served with notice
and afforded an opportunity to participate in the proceedings shall
not, at a later stage, be permitted to raise a plea that no notice
was served upon them or that the demarcation was carried out
behind their back. The concerned authorities shall ensure that the
proceedings are conducted in a fair and transparent manner, in
accordance with law.
9. With this observation and direction, the writ petition is disposed
of. Sd/-
(Amitendra Kishore Prasad)
Judge
Raghu Jat