SHIVSHANKAR ( SHEO SHANKAR ) v. STATE OF CHHATTISGARH
WPC/3655/2025 · 2025-07-14
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34892 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34892 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:32903
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3655 of 2025 1 - Shivshankar ( Sheo Shankar ) S/o- Ramdayal Lodhi, Aged About 70 Years R/o- Village Kukurmuda Post- Atariya Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai (C.G.) At Present R/o- 596- B/block, Navrang Mohalla, Sonari, P.O. Sonari, Jamshedpur District- East Singhbhoom (Jharkhand)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur (C.G.) 2 - Collector District - Khairagarh Chhuikhadan Gandai (C.G.) 3 - Tahsildar Khairagarh District - Khairagarh Chhuikhadan Gandai (C.G.) 4 - Executive Enginner Public Works Department, Division Khairagarh District - Khairagarh Chhuikhadan Gandai (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. F.S. Khare, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri
Arvind Kumar Verma
Order on Board 15/07/2025
1. The grievance of the petitioner is that the land of the petitioner was acquired in the year 2018 for construction of road. Since the land was acquired, the extent of land which was acquired was required to be demarcated. Therefore, the petitioner has filed an application before the Tahsildar, however, the same was not taken cognizance thereof. Consequently, the petitioner has made an application to the Collector and on Digitally signed by JYOTI JHA Date: 2025.07.16 11:05:06 +0530
2 subsequent date, the Tahsildar has not demarcated the land inasmuch as after demarcation the issue can be settled that how much land can be acquired. Consequently the petitioner has been disentitled to receive the compensation. He would submit that at this stage the petitioner may be given liberty to make an application to the Tahsildar, Khairagarh so that the land can be demarcated to know how much land is acquired, if any. 2. Considering the submission made that the application for demarcation is filed under the Land Revenue Code, then, the Tahsildar is duty bound to acquire the same. It is obvious that no one can be deprived of his lawful right to hold the property without due course of law and if the land is acquired then they are entitled for compensation according to the law of the land. 3.
In the facts situation of the case, it is directed that the petitioner if files an application before the Tahsildar for demarcation of the land, the same would be further demarcated within a period of two months from the date of receipt of the application. Thereafter, if it is found that the land of the petitioner has been acquired for the purpose of construction of road then suitable measures would be taken by the Collector to grant compensation in accordance with law. 4. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti