1 2025:CGHC:7717 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2900 of 2023 1 - Raj Kumar S/o Gaya Prasad Aged About 45 Years R/o Village Koriya Colliery, Tahsil Baikunthpur, District Korea (C.G.) 2 - Ram Kumar S/o Gaya Prasad Aged About 30 Years R/o Village Koriya Colliery, Tahsil Baikunthpur, District Korea (C.G.) 3 - Jai Kumar Vishwakarma S/o Gaya Prasad Aged About 40 Years R/o Village Koriya Colliery, Tahsil Baikunthpur, District Korea (C.G.) 4 - Geeta Vishwakarma W/o Vijay Vishwakarma Aged About 42 Years D/o Gaya Prasad, R/o Village Koriya Colliery, Tahsil Baikunthpur, District Korea (C.G) 5 - Kavita Vishwakarma W/o Deepak Vishwakarma Aged About 35 Years D/o Gaya Prasad,r/o Village Koriya Colliery, Tahsil Baikunthpur, District Korea (C.G) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, New Raipur, Dist. Raipur (C.G.) 2 - The Collector District Koriya (C.G.) 3 - The Sub Divisional Officer Cum Land Acquisition Officer Baikunthpur, District Koriya (C.G.) 4 - The Chief Engineer Public Works Department National Highway, Zone Raipur, District Raipur (C.G.) ... Respondent(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.18 14:58:58 +0530 2 For Petitioner(s) : Mr. Hemant Kumar Agrawal, Advocate. For Respondent/State : Mr. Santosh Bharat, Panel Lawyer. For respondent No.4 : Mr. Tushar Dhar Diwan, C.G.C. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 13/02/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondents for payment of compensation pursuance to the award dated 04/10/2018 passed by the SDO/respondent No.3 Annexure P-1. 2. Learned counsel for the petitioners would submit that though the land of the petitioners bearing khasra No.53/2 situated at village Cherwapara, Patwari Halka No.4 has been utilized by the respondent No.4 for construction of road and though the award has been passed by the SDO on 04/10/2018, the award amount has not been released till date to the petitioners. He further submits that the petitioners have requested the respondent No.3 for releasing the amount. The petitioners have not challenged the quantum of compensation before the arbitrator till date. He further submits that the award has been passed in the name of Sudeshwari Devi, who is mother of the petitioners and presently she is no more and for which, the petitioners who are legal heirs of Sudeshwari Devi are entitled for the award amount as awarded in the award dated 04/10/2018. 3. Learned counsel for the State and counsel for the respondent No.4 submit that if the amount awarded in award dated 3 04/10/2018 towards the land of the petitioners are still not released, the same will be released to him within a stipulated period, if the award dated 04/10/2018 is not challenged in any arbitration proceeding. He further submit that the petitioners has not submitted or annexed any representation regarding the claim of award amount after the award dated 04/10/2018. 4. I have heard learned counsel for the parties and perused the pleadings. 5. From perusal of award, it appears that the land of the petitioners have been included in the award dated 04/10/2018, however, as per the petitioners, as the award amount has not been questioned before the arbitrator, it is directed to the SDO/Land Acquisition Officer/respondent No.3 to release the award amount to the petitioners within a period of fifty days from today, after verification of the fact that the petitioners are legal heirs of Gaya Prasad and Sudeshwari Devi, if there is no dispute towards the apportionment of award amount. 6. With the aforesaid observation and direction, the present writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep