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2025 DAILYLAW 13333 (CHH)

RAJKUMAR v. STATE OF CHHATTISGARH

WPC/1992/2021 · 2025-07-21

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:35194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1992 of 2021 Rajkumar S/o Late Shri Nandau Behra Aged About 53 Years R/o Village Khamhariya, Tahsil Tamnar, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue Mahanadi Bhawan Raipur, District Raipur, Chhattisgarh. 2 - Collector Of District Raigarh Chhattisgarh. 3 - Sub-Divisional Officer Cum Land Acquisition Officer Gharghoda, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. 4 - Murlidhar S/o Kedarnath Aged About 57 Years R/o Village Tamnar Bazarpara, Tahsil - Tamnar, District - Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. 5 - M/s Ambuja Cement Limited Through Its Manager Office At Village Khamhariya, Tahsil - Tamnar, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Ms. Sunit Jain, Advocate, holding the brief of Ms. Prakritee Jain, Advocate For State : Mr. Pramod Shrivastava, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.07.2025 Digitally signed by NADIM MOHLE -2- 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 That this Hon'ble Court kindly be pleased to direct the respondent authorities for disbursement of compensation with condition that the petitioner will give under taking for returning the amount in case of order in favour of Murlidhar. 10.2 That this Hon'ble Court kindly be pleased to direct the land Acquisition officer for complying provision of section 77(2) of The Right to Fair Compensation & Transparency & Land Acquisition, Rehabilitation & Resettlement Act 2013. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2) Ms. Jain, learned counsel for the petitioner submits that the petitioner and respondent No.4 are joint owners of land bearing Survey Nos. 285 and 286, admeasuring 0.425 and 0.275 hectares respectively, situated at Village Khamhariya, Tahsil Tamnar, District Raigarh (C.G.). The petitioner and his brother have been recorded as Bhumi Swami since 1931 and are in peaceful possession of the said land. She further submits that the land was acquired by the State Government for public purpose and an award was passed on 28.03.2017 in Revenue Case No. 1-A-67/2016-17 in favour of the petitioner and his brother. However, despite no stay from any competent court, the compensation amount has been arbitrarily withheld by the learned Sub-Divisional Officer. 3) It is submitted that representations have been made before the learned Sub-Divisional Officer cum Land Acquisition Officer, Gharghoda and the learned Collector, Raigarh, offering to accept the amount on surety. Due to the non-release of compensation, the petitioner is facing undue hardship. Thus, she prayed that a direction may be issued to respondent No.3 to decide the pending representation. -3- 4) Heard. 5) Taking into consideration, the limited prayer made by Ms. Jain, the petition is disposed of with a direction to respondent No.3 to decide the pending representation of the petitioner. The petitioner would be at liberty to make a fresh representation before respondent authorities, who in turn decide the same expeditiously, in accordance with law, after affording opportunity of hearing to respondent No.4. 6) With these observations, the writ petition is disposed of at the admission stage. 7) It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) Judge NADIM