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2025 DAILYLAW 20447 (CHH)

RAJKUMAR KAUSHIK v. STATE OF CHHATTISGARH

WPC/1818/2019 · 2025-06-18

Shri Rakesh Mohan Pandey

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:25594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1818 of 2019 1 - Rajkumar Kaushik S/o Late Khorbahra Kaushik Aged About 48 Years R/o Village Chhatouna, Police Station Chakarbhatha, Tahsil Takhatpur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Managment, Ministry, Mahanandi Bhawan, Naya Raipur P. O. And P. S. Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - District Collector Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Kota, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Tahsildar Takhatpur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Ms. Apurva Nigam, Advocate holding the brief of Mr. K.K. Patel, Advocate For State : Mr. Dashrath Prajapati, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.06.2025 1. The petitioner has filed this petition seeking the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents for payment of rehabilitation grant in view of Notification dated 04/01/2017 to the petitioners. REKHA SINGH Digitally signed by REKHA SINGH -2- 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents for deciding the representation in light of notification dated 04/01/2017. 10.3 Any other relief/ order may also be granted that may be deemed fit and just in the facts and circumstances of the case.” 2. Ms. Nigam, learned counsel appearing for the petitioner would submit that the land of the petitioner bearing Survey No.1000/6 admeasuring 0.028 hectare situated at Village Chhatouna, Tehsil Takhatpur, District Bilaspur (C.G.) was acquired for the Canal Project. She would further submit that though the compensation has been paid to the petitioner but he has not been extended benefit of rehabilitation Policy pursuant to Extraordinary Gazette Notification of the State of Chhattisgarh dated 04.01.2017 issued by the Ministry of Revenue and Disaster Management and Rehabilitation Department, Raipur. She would also submit that the petitioner may be permitted to make a fresh representation before the respondent authorities and in turn, the authority concerned may be directed to decide it expeditiously strictly in the light of the Gazette Notification dated 04.01.2017. 3. On the other hand, learned counsel appearing for the State would oppose the submissions made by Ms. Nigam. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration the limited prayer made by Ms. Nigam, this petition at this juncture is disposed of reserving liberty in favour of the petitioner to make a fresh representation before respondent No.2 and in turn, the authority concerned is directed to decide it expeditiously preferably within a period of 120 days 3 from today in the light of the Gazette Notification dated 04.01.2017. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) Judge Rekha