01Facts
The petitioner sought demarcation of land bearing Khasra Nos. 18/7 and 18/38 at Village Titurdih, District Durg. Although the Additional Collector, Durg, had directed demarcation by order dated 7 February 2023, the proceedings had not been completed.
¶ 1The State submitted that arrangements for demarcation had been made, but that the petitioner had sought time, delaying the process.
¶ 3The petitioner undertook to cooperate with the authorities.
¶ 4The petitioner also sought protection against interference with possession and construction, and challenged the respondents’ alleged inaction as unconstitutional.
¶ 202Issues
i.Whether the Court should direct completion of the pending demarcation proceedings, and on what timetable.
¶ 1, 6ii.Whether the demarcation should proceed with notice and participation by the concerned persons, and without requiring a separate notice to the petitioner.
¶ 6–803Law Applied
The Court did not cite any specific statute, precedent, or constitutional doctrine as the basis for its decision.
¶ 1–9It directed that demarcation be conducted strictly in accordance with law and that the proceedings be fair and transparent; persons duly served with notice must have an opportunity to participate.
¶ 6, 804Reasoning
The Court considered the Additional Collector’s existing demarcation order, the State’s submission that arrangements were ready, and the petitioner’s undertaking to cooperate.
¶ 1, 3–5To bring the matter to a conclusion while ensuring procedural fairness, it fixed a date for demarcation and required advance notices to the other concerned persons. It dispensed with separate notice to the petitioner and directed duly served persons to attend and participate.
¶ 6–8The Court did not separately determine the petitioner’s claims for protection of possession or construction, or its constitutional challenge.
¶ 2, 905Holding
The petition was disposed of with a direction to the petitioner and the concerned authorities to carry out demarcation on 17 November 2026, strictly in accordance with law.
¶ 6–9The authorities were to issue requisite notices during the week commencing 2 November 2026; no separate notice to the petitioner was required. Persons duly served were directed to attend and cooperate, and the authorities were to ensure fair and transparent proceedings.
¶ 6–9Original Court PDF
D AND D CONSTRUCTIONS,vsSTATE OF CHHATTISGARH
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