Facts
The petitioner sought a writ of mandamus due to the inaction of respondent authorities regarding his application for the demarcation of land under Khasra Nos. 468/1-C and 468/1-E in Village Baikunthpur
Source reference: para. 1The petitioner’s title was affirmed by a Civil Court in 2019, and the land was subsequently mutated in his name with online numbering completed
Source reference: para. 2On 30.12.2019, the petitioner applied for demarcation under Section 129 of the C.G. Land Revenue Code
Source reference: para. 2Although the Tehsildar issued an order on 22.02.2021 directing the Revenue Inspector and Patwari to correct records and conduct the demarcation, no action was taken by the authorities for over three years, leading to the current petition
Source reference: para. 2, 5Issues
1. Whether the respondent authorities' failure to execute an order for demarcation and renumbering of land records constitutes an actionable failure of statutory duty
Source reference: para. 82. Whether the petitioner is entitled to a time-bound direction for the disposal of his pending demarcation application
Source reference: para. 9Law Applied
Section 129 of the Chhattisgarh Land Revenue Code, which prescribes the procedure for the demarcation of boundaries of survey numbers or sub-divisions of survey numbers
Source reference: para. 2Article 226 of the Constitution of India, which empowers the High Court to issue writs for the enforcement of legal rights and the performance of public duties by authorities
Source reference: para. 1Reasoning
The court observed that the petitioner’s legal right to demarcation was established through his title confirmed by a civil decree and subsequent mutation
Source reference: para. 2The court noted that the Tehsildar had already acknowledged the necessity of the request by passing an order on 22.02.2021
Source reference: para. 5, 8However, despite the existence of this specific direction, the field-level revenue officials (Revenue Inspector and Patwari) failed to comply
Source reference: para. 8The court found that such "inaction on the part of the revenue authorities... cannot be appreciated" as it leaves the petitioner's statutory application indefinitely pending without justification
Source reference: para. 8While the State argued that the process involves complex technical verification of maps, the court determined that the delay since 2021 was unreasonable and necessitated judicial intervention to ensure the completion of the statutory exercise
Source reference: para. 6, 9Holding
The Court disposed of the petition without expressing an opinion on the merits, strictly directing the Tehsildar, Baikunthpur, to decide the application for demarcation in accordance with law
The Court specifically ordered the Tehsildar to enforce the earlier order dated 22.02.2021, ensure all necessary demarcation steps are completed, and provide a fair hearing to all concerned parties. The entire exercise is mandated to be completed within 60 days
Source reference: para. 9Original Court PDF
ANIL SINGHvsSTATE OF CHHATTISGARH
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