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Chhedilal Agrawal vs State of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 27 June 2018 · Citation: (2018) 06 CHH CK 0173

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 1475 Of 2018

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Judgment

6 paragraphs · 298 words

P. Sam Koshy, J

1.

The challenge in the present writ petition is to the order dated 04.08.2017 (Annexure P/1) whereby the demarcation report submitted by the Revenue Inspector has been taken on record.

2.

The contention raised by the petitioner is that the respondent No.4 had moved an application for demarcation before the Revenue Inspector and who has without complying with the due requirement of law submitted the demarcation report and the said report has subsequently been taken on record by the Tehsildar vide impugned order dated 04.08.2017.

3.

On a candid question being put to the petitioner as to which is the property situated adjacent to the property which has been demarcated of which he is the title holder, he was unable to give satisfactory reply except for the fact that there was some oral agreement between the petitioner and the respondent No.4 by virtue of which he is in possession of some portion of the land.

4.

This court finds it difficult to entertain the writ petition of the petitioner when he has not been able to show any ownership, right or title over any of the property adjacent or at least in the nearby vicinity of the land which has been demarcated by the Revenue Inspector. Moreover, this court is not inclined to entertain this petition on account of availability of statutory alternative remedy under Section 50 of the Chhattisgarh Land Revenue Code whereby remedy of revision is available to the petitioner by approaching the Collector against the impugned order.

5.

This court does not find any merit in the petition. The same deserves to be and is hereby dismissed. However, dismissal of this petition would not preclude the petitioner from availing any other civil remedies that he has including any other statutory remedy.