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2025 DAILYLAW 29017 (CHH)

DINESH GUPTA v. STATE OF CHHATTISGARH

WPC/3066/2025 · 2025-09-18

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:48216 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3066 of 2025 1 - Dinesh Gupta S/o Shri Nanuk Ram Gupta Aged About 57 Years R/o House No. 38/2 Kabir Marg, Mahboob Shah Datar Ward, Gupta 12, Kawardha, Kabirdham Distt.- Kabirdham (C.G.) 2 - Suresh Gupta S/o Shri Nanuk Ram Gupta Aged About 61 Years R/o House No. 42, Gupta Para, Near Santoshi Mandir, Kawardha, Kabirdham (C.G.) 3 - Sita Gupta W/o Nanuk Ram Gupta Aged About 83 Years R/o House No. 42 Gali No. 02, Dewangan Para, Kawardha (M), Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Public Works (Pwd), Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 2 - The Collector Distt.- Kabirdham (C.G.) 3 - The Tahsildar Kawardha, Distt.- Kabirdham (C.G.) 4 - Chief Municipal Officer Municipal Corporation Kawardha Distt.- Kabirdham (C.G.) 5 - The Sub-Divisional Officer Kawardha, Distt.- Kabirdham (C.G.) 6 - The Chief Executive Officer Of Public Works Department (Pwd) Kawardha, Distt.- Kabirdham (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.19 18:51:03 +0530 2 ---- Respondents For Petitioners : Mr. Syed Ishhadil Ali, Advocate For State-respondent : Mr. Rishabh Bisen, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 19/09/2025 1. With the consent of counsel for the parties, the matter is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “10.1 That, this Hon’ble Court may kindly call for the entire record relating to the case of the petitioner. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondents to demarcate the land before the construction of the road from the Ghotiya Road Kawardha to New Bus Stand Kawardha and also direct the respondent authorities for grant of compensation as per rules for the land occupied by the respondent authorities. 10.3 That this Hon’ble Court may also direct the respondent to decide the representation Annexure P/1 within stipulated time. 10.4 That this Hon’ble Court may kindly be pleased stay the construction over the land of the petitioner fill the final disposal of this petition. 3. Learned counsel for the petitioners contended that by way this petition petitioners are seeking direction for the respondent 3 authority to decide their representation for compensation and grant of compensation after due demarcation for the land occupied by the respondent authority for construction of road from Collectorate Kawardha to New Bus Stand Kawardha was not decided by the respondent authority till date. Hence this petition. 4. Learned State counsel contended that he has no objection to demarcate the land of the petitioners. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case and prayer made by learned counsel for the petitioners, at this stage this petition is disposed of directing to respondent No.2 – Collector Kabirdham (CG) to decide the representation made by the petitioners dated 18.11.2024 (Annexure P-1 Colly.) with the held of respondent Nos.3 & 5 and demarcate the land of the petitioners before construction of road from the Collectorate, Kawardha to New Bus Stand, Kawardha over the land of the petitioner No.1- Khasra No.470/2, 478/4 Rakba 5.7700 hectare, petitioner No.2- Khasra No.478/1 Rakba 0.7560 hectare and petitioner No.3- Khasra No.470/1 Rakba 0.7788 hectare situated at Patwari Halkan No.13 Tahsil and District Kawardha (C.G.) and if it is found that the construction of road will be done over the petitioners’ land then, 4 respondent No.5 shall proceed for execution of land expeditiously preferably within a period of ‘06 months’ from the date of receipt of copy of this order. The demarcation of the land shall be done in presence of the petitioners. 7. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant