Rajkumar Suryawanshi vs State Of Chhattisgarh
2021 Latest Caselaw 136 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                            W.P.(C.) No. 2004 of 2021

             Rajkumar Suryawanshi Vs. State of Chhattisgarh & Ors.




19/05/2021         Mr. Lavkush Kumar Sahu, counsel for the petitioner.

                   Mr. Siddharth Dubey, Dy. G.A. for the State.

                   Heard.

                   This petition has been brought under Article 226 of the
             Constitution of India seeking issuance of Writ of Mandamus against
             respondent No.5 and respondent No.6 for demarcation of the disputed

property.

It is submitted by the learned counsel for the petitioner that the respondents No.5 and 6 have not made proper demarcation, because of which, the dispute has not been resolved so far. Hence, it is prayed that the petition may be admitted for hearing.

Learned State counsel appearing for respondents No.1 to 6 submits that the petition has been brought being not satisfied with the demarcation proceeding, which is appealable.

Relying on the judgment of M.P. High Court in the case of Murlidhar and Anr. Vs. Board of Revenue, M.P. & Ors. in W.P. No.18150 of 2012 decided on 29.01.2013, in which it was held that demarcation proceeding under Section 129 of State Land Revenue Code attains finality and then such order can be challenged in appeal or Revision under Section 44 or Section 50 of Code. Issue notice to respondent No.7. P.F. as per rules.

List this case after four weeks.

In the meanwhile, learned State counsel may also file reply.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Monika