Chhattisgarh High Court
WPC/4964/2026 of RAJESH KUMAR PATEL Vs STATE OF CHHATTISGARH on 28 September 2026
2026:CGHC:42305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4964 of 2026 1 - Rajesh Kumar Patel S/o Gokul Prasad Patel, Aged About 37 Years R/o Village Sangitarai, Tahsil And District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department
CGHC010382212026
2026:CGHC:42305
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4964 of 2026
1 - Rajesh Kumar Patel S/o Gokul Prasad Patel, Aged About 37 Years R/o Village Sangitarai, Tahsil And District Raigarh (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue Administration And Disaster Management, Mahanadi Bhavan, Mantralay Naya Raipur, District Raipur
(C.G.)
-
Collector
Raigarh,
District
Raigarh
C.G.
3 - The Sub Division Officer (Revenue), Raigarh, District Raigarh (C.G.)
-
The
Tahsildar,
Raigarh,
District
Raigarh
(C.G.)
5 - Dhup Chand Yadav, S/o Late Shingasan Yadav, Aged About 55 Years R/o Chhatamuda Chandrapur Road, Near Santoshi Mandir, Raigarh, Tahsil And District Raigarh C.G.
... Respondent(s)
( Cause title taken from CIS Periphery)
For Petitioner(s)
: Mr. Rajendra Tripathi, Advocate
For Respondent/State
: Mr. Shobhit Mishra, Dy. G.A. appears on advance copy RUCHI
YADAV
Digitally
signed by
RUCHI YADAV
SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/09/2026
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1. By way of the present petition, the petitioner has prayed for following reliefs:- “i That, this Hon'ble Court may kindly be pleased to direct the respondent authority to take action upon the complaint of the petitioner and remove the respondent no. 5 from the land of the petitioner.
ii. Cost of the petition may also be granted to the petitioner.
iii. 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.”
2. Learned counsel appearing for the petitioner submits that the petitioner had submitted a complaint/application on 18.08.2026 before the concerned Tehsildar against respondent No. 5, alleging encroachment upon the land of the petitioner. However, the said application has not yet been considered. Hence, the petitioner has filed the present petition seeking a direction to the concerned authority to consider and decide the same.
3. Learned counsel for the State, on instructions, submits that it appears that there is a dispute between the parties regarding possession of the land in question and that the parties are neighbours. He further submits that the concerned authority has taken steps for demarcation of the land belonging to both the parties. The Tehsildar has already ordered demarcation and has constituted a team for the said purpose.
Accordingly, the demarcation shall be conducted within a period of 30 days, in accordance with Section 129 of the Chhattisgarh Land Revenue Code, 1959 and the Rules made thereunder, after giving due notice to all the adjoining landholders/parties.
4. Heard counsel for the parties and perused the material available on record.
5. Considering the aforesaid submissions advanced by learned counsel for the parties, the concerned Tehsildar is directed to conduct the demarcation of the land in question in accordance with Section 129 of the Chhattisgarh Land Revenue Code, 1959 and the Rules made thereunder, after giving prior notice to all the concerned parties/adjoining landholders and ensuring their presence during the course of demarcation. The demarcation shall be carried out expeditiously so as to resolve the dispute between the parties.
6. It is made clear that this Court has not expressed any opinion on the merits of the dispute.
7. With the aforesaid directions and observations, the present petition stands disposed of. Sd/-
(Amitendra Kishore Prasad) Judge Ruchi