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2025 DAILYLAW 31122 (CHH)

RAMAYAN SINGH v. STATE OF CHHATTISGARH

WPC/3549/2022 · 2025-04-21

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:17844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3549 of 2022 1 - Ramayan Singh S/o Nanku Aged About 52 Years R/o Magurda, Post Semardarri, Tahsil Marwahi, District Gourela-Pendra-Marwahi Chhattisgarh (Kh. No. 734, 735, 775/2, 798/2, 825/2, 826/2, 827, Area 6.82 Acre) 2 - Amol Singh S/o Sonsay Aged About 63 Years R/o Magurda, Post Semardarri, Tahsil Marwahi, District Gourela-Pendra-Marwahi Chhattisgarh (Kh. No. 795/1, Area 2.50 Acre) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Revenue, Mahanadi Bhawan, New Mantralay, Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Deputy Secretary, Public Works Division, Mew Mantralay Raipur Chhattisgarh 3 - District Collector District Gourela-Pendra-Marwahi Chhattisgarh 4 - S D O (Revenue) District Gourela-Pendra-Marwahi Chhattisgarh 5 - S D O (Public Works Division) Tahsil Marwahi, District Gourela- Pendra-Marwahi Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Mr. Ramawatar Mishra, Advocate For State/Respondent/s : Mr. Khulesh Sahu, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.23 10:57:59 +0530 2 Order on Board 21/04/2025 1. Heard Mr. Ramawatar Mishra, learned counsel for the petitioner as wel l as Mr. Khulesh Sahu, learned Panel Lawyer for the State/respondent/s. 2. The petitioner has filed this petition with a limited prayer that his land has been acquired for construction of a road from Daanikundi to Baikunthpur approach road of Village – Magurda P.H. No.24, Revenue Circle Daanikundi, Tehsil Marwahi, Distrit Gourela- Pendra-Marwahi, however, neither the procedure for acquisition of land has been initiated nor any award has been passed in favour of the petitioner, as such, the respondent authorities are required to be directed to verify the matter and if the land of the petitioner has been taken over for construction of the said road, than the respondents are required to initiate proceedings for acquisition of land and to pass appropriate orders in respect of grant of compensation to the petitioner. 3. On the other hand learned counsel for the State submits that from the averments of the petitioner as well as the attached documents, it is not specifically seen that whether the land of the petitioner has been taken or not. 4. Be that as it may, the respondent authorities are directed to consider the applications filed by the petitioners and if the 3 petitioner wishes he may file a fresh application to the authority concerned and inturn the authority concerned is directed to ascertain whether the land of the petitioner as alleged by the petitioner has been acquired and a road has been constructed over the said land or not. And if the authorities concerned arrived at a conclusion that the land of the petitioner has been acquired for the said purpose, then respondent authorities are directed that they shall initiate proceedings for acquisition of the said land in accordance with act and rules and to pass appropriate orders within outer limit of 45 days from the date of production of copy of this order along with duly constituted application/representation. 5. It is made clear the this Court has not made any opinion in the merits of this case and the authority concerned are at liberty to pass appropriate orders in accordance with law after taking due care of the documents filed by the petitioner. 6. With the aforementioned observation/s and direction/s, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi