PARMESHWAR RATHORE v. NATIONAL HIGHWAYS AUTHORITY OF INDIA
WPC/2657/2025 · 2025-05-26
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23588 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23588 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:22363
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2657 of 2025 Parmeshwar Rathore S/o Late Rampyare Aged About 73 Years R/o Village - Farshvani, Tahsil - Kartala, District - Korba (C.G.)
... Petitioner(s) versus 1 - National Highways Authority Of India Through Its Director, Dabri Gurgaon Road, Sector-10, Dwarka, Dwarka, Delhi 110075 2 - Sub Divisional Officer Cum Land Acquisition Officer District - Korba (C.G.) 3 - Project Director National Highways Authority Of India, Project Unit, Bilaspur, District - Bilaspur (C.G.) 4 - Nayab Tahsildar Barpali, District - Korba (C.G.) 5 - Revenue Inspector R.N.M. Kothari Patwari Halka No.-14, Tahsil - Barpali, District - Korba (C.G.)
... Respondent(s) For Petitioner : Mr. Barun Kumar Chakrabarty, Advocate For State : Mr. Rahul Tamaskar, Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.05.28 12:55:20 +0530
2 27/05/2025
1.
Learned counsel for the petitioner submits that petitioner is owner of the land bearing kh. no.1229/2 admeasuring 0.073 hectare (18 decimal) and kh. no.1230/4 admeasuring 0.166 hectare (41 decimal) situated at P.H. No.8, Tahsil-Kartala, District- Korba and thereby petitioner is recorded owner of the land situated in aforementioned khasra numbers total admeasuring 59 decimal. Out of the total land owned by the petitioner as mentioned above, 31 decimal of land has been acquired by National Highways Authority of India for the purpose of construction of road and compensation has also been accordingly paid. However, petitioner is only in possession of 14 decimal of land and remaining 14 decimal of land has not been found on the spot. Petitioner has submitted an application/ representation before respondent No.2/SDO for locating remaining 14 decimal of land and intimating the petitioner, however, no decision has been taken on it and, therefore, a direction be issued to respondent No.2/SDO to consider and take decision on the representation dated 08.01.2025 (Annexure P-2) within a stipulated time. 2. On the other hand, learned counsel for the State submits that documents filed along with writ petition would show that Nayab Tahsildar vide his memo dated 06.03.2025 has already issued a direction to Revenue Inspector and Halka Patwari for conducting demarcation of the land recorded in the name of petitioner and to submit his report. Order is dated 06.03.2025. Appropriate proceeding has already been initiated on the application/representation submitted by the petitioner before respondent No.2/SDO. 3. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 3
4. Perusal of the documents would show that petitioner has raised his grievance before respondent No.2 that his remaining 14 decimal of land is not being located on the spot, vide Annexure P-2. Nayab Tahsildar vide Annexure P-4 issued memo dated 06.03.2025 wherein he directed respondent No.5 to conduct demarcation of the land recorded in the name of petitioner i.e. kh. No.1229/2 and kh. no.1230/4. However, it does not reflect from document that demarcation proceedings have been concluded by respondents No. 4 & 5. 5.
In the aforementioned facts of the case, instead of keeping this writ petition pending seeking reply from respondents, this writ petition is disposed off directing respondents No 4 & 5 to conduct demarcation pursuant to memo dated 06.03.2025 issued by respondent No.4/Nayab Tahsildar, expeditiously, preferably within a period of 4 weeks from the date of receipt of this order, if already not done. 6. With the aforementioned observation and direction, writ petition stands
disposed off.
7. Consequently, IA No.2, application for urgent hearing and IA No.3 application for hearing of the case during summer vacation, also stand
disposed off. Sd/- (Parth Prateem Sahu) Judge
Praveen