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2025 DAILYLAW 19605 (CHH)

BABITA SURAJ v. STATE OF CHHATTISGARH

WPC/2256/2025 · 2025-05-05

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:20461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2256 of 2025 1 - Babita Suraj W/o Avinash Kumar Suraj Aged About 40 Years R/o Village Kapoo, Up-Tahsil- Kapoo, Tahsil- Dharamjaigarh, District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mananadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - The Collector District Raigarh, Chhattisgarh. 3 - The Sub-Divisional Officer (Revenue) Dharamjaigarh, District Raigarh, Chhattisgarh. 4 - Ujjwal Pandey Additional Tahsildar, Up-Tahsil- Kapoo, Tahsil- Dharamjaigarh, District Raigarh, Chhattisgarh. 5 - Govind Bada Patwari Halka No. 17, R.I.C.- Kapoo, Tahsil- Dharamjaigarh, District Raigarh, Chhattisgarh. 6 - Mu. Telkunwar Rawat W/o Devprasanna Rawat, Aged About 60 Years, R/o Village Kapoo, Up-Tahsil- Kapoo, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.05.05 20:15:58 +0530 2 ... Respondent(s) For Petitioner(s) : Mr. Atul Kumar Gavel, Advocate For Respondent- State : Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 25.11.2024 (Annexure P/1) and further be pleased to direct the State Authorities i.e. respondent no. 1 to provide compensation to the petitioner for demolition of house of petitioner. Or Direct the respondents no. 4 & 5 to construct the house of petitioner over the land in which the house of petitioner was constructed before demolition and hand over the possession of same to the petitioner. 10.2. That this Hon'ble Court may kindly be pleased to direct the respondents to remove the respondent no. 6 from the government land bearing khasra no. 245, which recorded as government grass land. 10.3. That this Hon'ble Court may kindly be pleased to direct the respondent no. 1 to take appropriate disciplinary action against the respondents no. 4 & 5, in accordance with law. 10.4. That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of 3 the cost of the petition may be given.” 2. The instant writ petition challenges the impugned order dated November 25, 2024, in Revenue Case No. 20245042200029/B-121/2023-24. Respondent No. 3 rejected the petitioner's application, which sought either compensation or a directive for Respondents No. 4 and 5 to construct a house for the petitioner. The petitioner's family had lived in the demolished house for over 50 years, and they claim the demolition was illegal. 3. After arguing for some time, learned counsel for the petitioner submits that the petitioner may be permitted to approach before the concerned Collector against the order impugned (Annexure P/1) passed by the Sub-Divisional Officer (Revenue) Dharamjaigarh. 4. The learned counsel for the State does not oppose the limited prayer made by the learned counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. In view of the above submissions made by counsel for the parties, the petitioner is permitted to file appeal before the concerned Collector raising all his grievances as raised in 4 this writ petition along with the relevant documents and copy of this petition. 7. Accordingly, this instant petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena