Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1709
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1856 of 2019 1 - Ghanshyam Sarthi S/o Shri Tijuram Sarthi Aged About 55 Years Occupation - Village Kotwar Of Village Mathpuraina, R/o Village - Mathpuraina, Tahsil - Raipur, Civil And Revenue District - Raipur Chhattisgarh Through Power Of Attorney Holder Shri Abdul Waheed S/o Late Shri Abdul Samad, Aged About 56 Yeras, R/o Village Amalidih, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Tahsildar Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Municipal Corporation Raipur Through Its Commissioner Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Mr. Rajendra Patel, Advocate holding the brief of Mr. Sunil Sahu, Advocate For State : Mr. Rajeev Bharat, G.A. For Respondent No.4/ : Mr. H.B. Agrawal, Senior Advocate with Municipal Corporation Ms. Swati Agrawal, Advocate Digitally signed by REKHA SINGH
-2- Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 10.01.2025
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 That this Hon'ble court may kindly be please to issue an appropriate writ by commanding and directing the respondents to acquire the land of petitioner for construction the House and to pay the compensation. 10.2 That this Hon'ble court may kindly be please to direct the respondents authority to consider the representation of the petitioner and decide the same which relates to payment of compensation for the agriculture land used for construction of House. 10.3 That the respondents may kindly be directed to provide alternate agriculture land in exchange of Service land to the petitioner. 10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Mr. Patel, the learned counsel appearing for the petitioner would submit that the petitioner is working as Village Kotwar at Village Mathpuraina, Tehsil and District Raipur (C.G.). He would further submit that initially, the service land bearing Survey No.398/1 area 3.974 hects. was allotted to the grandfather of the petitioner who was also a Kotwar.
He would contend that the respondent authorities have started raising construction over that land, therefore, an application was moved by the petitioner before respondent No.2/Collector for allotment of alternative land as service land but till date, no decision has been taken. 3
3. On the other hand, Mr. Agrawal, Senior Advocate appearing for respondent No.4/Municipal Corporation would submit that there is a dispute between the petitioner and the State authorities. 4. Mr. Bharat, the learned Government Advocate appearing for the State would submit that if any application moved by the petitioner is pending before respondent No.2/Collector, the same shall be considered and decided by the authority concerned expeditiously. 5. I have heard learned counsel appearing for the parties and perused the documents placed on record. 6. Taking into consideration the limited prayer made by learned counsel for the petitioner, this writ petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No.2/Collector within a period of 10 days from today and in turn, the authority concerned shall consider and decide the representation of the petitioner within a period of 90 days from the date of receipt of representation. 7. With the aforesaid observation(s) and direction(s), the present petition is disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge Rekha