1 2025:CGHC:36768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3952 of 2025 Rakesh Singh S/o Late Parmeshwar Singh Aged About 64 Years R/o Village And Post- Semra, Dist.- Janjgir-Champa C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Raipur C.G. 2 - Secretary, Public Works Department, Mantralaya, Mahanadi Bhavan, Raipur C.G. 3 - Engineer-In-Chief, Public Works Department, Sector- 19, Atal Nagar, Naya Raipur, District- Raipur C.G. 4 - Superintenden Engineer, Public Works Department, Bilaspur Circle, District Bilaspur C.G. 5 - Executive Engineer, Public Works Department (Champa Division), Janjgir-Champa, District- Janjgir-Champa C.G. 6 - Collector Janjgir-Champa, Collectorate District- Janjgir-Champa C.G. 7 - Sub-Divisional Officer (Revenue), Janjgir-Champa, District- Janjgir-Champa C.G. 8 - Tehsildar, Tehsil- Navagarh, Janjgir-Champa, District- Janjgir-Champa C.G. ... Respondents For Petitioner : Mr. Anshuman Shrivastava, Advocate For State/respondents : Mrs. Upasana Mehta, Dy. Govt. Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 29.07.2025 1. By way of this petition, the petitioner is seeking for the following reliefs:- “a. This Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction directing the respondents to acquire the land bearing khasra ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.30 15:45:29 +0530 2 No. 288/2 admeasuring 0.02 hectare situated at P.H. No. 08 village Semra, R.N.M. & Tehsil- Navagarh, District-Janjgir Champa (CG) and provide adequate compensation along with interest @ 18% per annum and other reliefs as per the current acquisition policy; b. That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction directing the respondents to provide alternate land in the nearby grassland for which petitioner has claimed as he is earning livelihood, in the instant case; c. That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to quash the order dated 24.08.2021 passed in Case No. 10 year 2015-16 passed by Collector-Janjgir-Champa, Chhattisgarh (Annexure P/1); d. Any other relief or reliefs which this Hon’ble Court deems fit and proper may kindly be pleased to grant in favour of petitioners;.” 2. Learned counsel for the petitioner submits that the petitioner purchased land bearing khasra no. 288/2 admeasuring 0.02 hectare situated at P.H. No. 08 Village Semra, R.N.M. and Tehsil Navagarh, Janjgir Champa, District Janjgir Champa Chhattisgarh from seller Kirti Vilas Sharma through valid registered sale deed dated 23.06.2003 and was mutated by the revenue authorities in the year 2004-2005. That upon demarcation dated 03.07.2004 it was stated that abovementioned land has been used in construction and widening of Janjgir -Kera- Shivrinarayan Road but the compensation has not been paid. He submits that the Executive Engineer PWD also acknowledged that land has been used for the construction of road and it has not been acquired. The petitioner made several representations and applications in Jan Darshan for grant of alternative land wherein it was submitted that land has never been acquired and compensation has also not been paid but advised the petitioner to file proper application. On 15.06.2016 the petitioner agains filed an application for grant of alternative land under CGLRC and was dismissed by the Collector on 24.08.2021 illegally without looking into the material available on record. The petitioner again made a representation in Jan Darshan and finally filed instant writ petition for redressal of his grievance. Lastly he submits that the respondent State cannot dispossess the petitioner from his property without any legal 3 sanction and without due process of law violating fundamental and constitutional rights. 3. Learned counsel for the State opposes the relief sought by the learned counsel for the petitioner and submit that the petitioner has an alternative remedy available. 4. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 5. After care perusal of the record available, it is clear that the petitioner has an alternative remedy available against the order of the Collector and he may file an appeal before the Commissioner in order to redress his grievances. Hence the present petition deserves to be and is hereby dismissed. 6. Accordingly, the instant petition stands dismissed. 7. However, petitioner is at liberty to file an appropriate appeal before the Commissioner and if it is fond that the land in question belongs to petitioner and respondent authority has constructed the road over the land then the respondent authority may proceed in accordance with law/rules/regulations. Certified copy as per rules. sd/- (Arvind Kumar Verma) alfiza JUDGE