Chhattisgarh High Court
WPC/4527/2024 of NIRANJAN PRASAD TAMRAKAR Vs THE STATE OF CHHATTISGARH on 22 September 2026
2026:CGHC:41421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4527 of 2024 Niranjan Prasad Tamrakar S/o Late Ramanuj Prasad Tamrakar Aged About 67 Years R/o Village Tapkara, Tahsil Farasbahar, District Jashpur Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh
CGHC010294842024
2026:CGHC:41421
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4527 of 2024
Niranjan Prasad Tamrakar S/o Late Ramanuj Prasad Tamrakar Aged About 67 Years R/o Village Tapkara, Tahsil Farasbahar, District Jashpur Chhattisgarh
... Petitioner(s)
versus
1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh 2 - The Collector District Jashpur Chhattisgarh 3 - The Sub Divisional Officer (Rev.) Sub Division Farasbahar, Tahsil Farasbahar, District Jashpur Chhattisgarh 4 - The Tahsildar Tahsil Farasbahar, District Jashpur Chhattisgarh 5 - Village Panchayat Tapkara Tahsil Farsabahar, District Jashpur Through Sarpanch 6 - Santosh Jaiswal S/o Late Ishwar Jaiswal Aged About 48 Years R/o Village Tapkara, Tahsil Farsabahar, District Jahspur Chhattisgarh
... Respondent(s)
For Petitioner(s)
:
Mr. Arun Kumar Shukla, Advocate
For State
:
Mr. Shobhit Mishra, Dy. G.A.
Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 23/09/2026
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1. The petitioner has prayed for the following reliefs: 10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records from the authorities concerned with regard to present case, for kind perusal. 10.2 That, this Hon’ble Court may further be kindly be pleased to quash/set-aside the orders dated 20.08.2024 (Annexure P/1) and 22.08.2024 (Annexure P/2), passed by respondent no. 3. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondents no. 1 and 2 to take appropriate action against the respondents no. 3 and 4 who had committed illegality in demolishing the boundary wall of the petitioner in violation of the Chhattisgarh Land Revenue Code, 1959. 10.4 That, this Hon’ble Court may kindly be pleased to direct the respondents no. 3 and 4 to reconstruct the damaged boundary wall over the land of petitioner, in the interest of justice. 10.5 Any other relief, which may deems fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.
2. Learned counsel for the petitioner submits that the petitioner is the owner of land admeasuring 0.037 hectare, bearing Khasra No. 159/4(Kh), situated at Village Tapkara, Tahsil Farsabahar, District Jashpur (C.G.). The petitioner had constructed a boundary wall over the said land. It is further submitted that respondent Nos. 5 and 6 submitted an application before respondent No. 4 on 24.06.2024, alleging that the petitioner had constructed the boundary wall over the land which was being used as a passage from the village to the hospital and other government offices. Pursuant to the said application, respondent No. 4 initiated proceedings in Revenue Case No. 202408032200004/A-13/Year 2023-24. Learned counsel further submits that respondent No. 3 registered Revenue Case No. 202408032100024/Year 2023-24 vide order dated 20.08.2024 and, vide order dated 22.08.2024, directed the petitioner to remove the boundary wall. It is further submitted that, in compliance with the order dated 22.08.2024, respondent No. 4 proceeded to remove the boundary wall in the presence of the villagers of Village Tapkara.
3. Learned State counsel submits that the present petition may be disposed of with a direction to the concerned authorities to demarcate the land belonging to the petitioner and, in the event that any portion of the petitioner’s land has been acquired and is being used as a road by the villagers, to grant adequate compensation to the petitioner in accordance with law.
4. Heard learned counsel for the respective parties and perused the material available on record.
5. Having heard learned counsel for the parties and considering the nature of the grievance raised by the petitioner, this Court directs the competent revenue authority to carry out demarcation of the land bearing Khasra No. 159/4(Kh), admeasuring 0.037 hectare, situated at Village Tapkara, Tahsil Farsabahar, District Jashpur (C.G.), after giving due notice and opportunity of hearing to the petitioner as well as the concerned parties. In case, upon such demarcation, it is found that any portion of the petitioner’s land has been acquired for the purpose of the road in question, the competent authority shall take appropriate action for payment of compensation to the petitioner in accordance with law. The aforesaid exercise shall be completed expeditiously, preferably within a period of 90 days from the date of receipt of a copy of this order.
6. It is made clear that this Court has not expressed any opinion on the title or ownership of the land, or on the entitlement or quantum of compensation, and the competent authority shall take a decision strictly in accordance with law.
7. With the aforesaid direction, the writ petition stands disposed of. SD/-
(Amitendra Kishore Prasad)
JUDGE Madhurima