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2025 DAILYLAW 29763 (CHH)

SAMPAT LAL PATEL v. STATE OF CHHATTISGARH

WPC/3369/2025 · 2025-07-01

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:29751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3369 of 2025 1 - Sampat Lal Patel S/o Late Sakha Ram Patel Aged About 58 Years R/o Village Godhi, Tamnar, District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Collector Raigarh, District Raigarh. 3 - Sub Divisional Officer (Revenue) Gharghoda, District Raigarh, Chhattisgarh. 4 - Tahsildar Tamnar, District Raigarh, Chhattisgarh. 5 - Executive Engineer Project Unit- 01, Chhattisgarh Rural Road Development Corporation, Raigarh, Chhattisgarh. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ashutosh Mishra, Advocate For Respondent-State : Mr. Rishabh Bisen, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 02/07/2025 1. By the present writ petition, the petitioner who is the land owner of land bearing Khasra No. 606 admeasuring 0.1660 hectare and Khasra No. 602 admeasuring 0.0280 hectare situated in village Godhi, Tehsil Tamnar, District Raigarh (C.G.) is seeking direction towards the respondent authorities to make payment of compensation towards the land acquired by the respondents. 2. Learned counsel appearing for the petitioner submits that the grievance of the petitioner is that the petitioner has Bhumiswami/Ownership rights over the subject land and the respondents authorities started 2 construction of road over the subject land belonging to the petitioner without any prior permission and without any opportunity of hearing, however no compensation has been paid to the petitioner by the respondent authority. 3. Learned counsel for the petitioner submits that upon noticing the encroachment and unauthorized construction, the petitioner immediately approached the Tahsildar, Tamnar District Raigarh and submitted an application seeking demarcation of the subject land under Section 129 of the CG Land Revenue Code 1959. Despite this, the authorities failed to act upon the application, and no steps were taken and the same was not even considered by the respondent authority particularly by the Tahsildar, Tamnar, District Raigarh. 4. Learned counsel appearing for respondent submits that the application of the petitioner would be considered for demarcation and spot inspection of the land in question and the authorities concerned will demarcate the land in accordance with law. 5. I have heard learned counsel for the parties and perused the documents 6. Given the submission made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent No.3/Land Acquisition Officer-cum-Sub Divisional Officer (Revenue), Bilaspur to look into the matter by making a spot inspection and demarcation of the land in question and if it is found that the land of the petitioner has been used for construction of the road, necessary steps be taken for payment of compensation towards the land owned by the petitioner within a period of 60 days from the date of receipt of a copy of this order, in accordance with law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid observation(s), and direction(s) the instant petition is hereby disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti