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2025 DAILYLAW 35642 (CHH)

FEKULAL MISHRA v. STATE OF CHHATTISGARH

WPC/3889/2025 · 2025-07-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:36038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3889 of 2025 1 - Fekulal Mishra S/o Late Shri Ram Sahay Mishra Aged About 71 Years R/o Village Kauwa Bandha, Tehsil Lalpur (Lormi), District Mungeli C.G. 2 - Munnalal Mishra S/o Late Shri Ram Sahay Mishra Aged About 71 Years R/o Village Kauwa Bandha, Tehsil Lalpur (Lormi), District Mungeli C.G. ---- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Public Works Department, Nirman Bhawan, North Block Sector 19, Atal Nagar, District Raipur C.G. 2 - District Collector, District Mungeli C.G. 3 - Sub Divisional Officer (Revenue) Lormi, District Mungeli C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shalvik Tiwari, Advocate For Respondent-State : Ms. Nupur Trivedi, P.L. Hon’ble Shri Justice Arvind Kumar Verma, Order on Board 25/07/2025 1. Counsel for the Petitioner prays for the following relief(s):- (i)That, the Hon’ble Court be pleased to issue a writ of mandamus or any other appropriate writ directing the respondents to produce the entire record concerning the acquisition and construction over the petitioners’ land bearing Khasra No. 199/1, admeasuring 0.0008 Hectare, situated at village Kauwa Bandha, Tehsil Lalpur District Mungeli. (ii) That the Hon’ble Court be further pleased to direct the respondents to pay compensation amount to the petitioner for the land acquired for the purpose of construction of road. (iii) That the Hon’ble Court be further pleased to direct the respondents to pay interest at the appropriate statutory rate from the date of possession till date of payment. 2 (ii)Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that he prays for a direction to the respondent-authorities for grant of compensation amount with interest of the land used and taken by the respondents for construction of public road, therefore the petitioner has made application/representation Annexure P/14 but till date the same has not been considered, therefore he prays for a direction to the concerned authorities to consider and decide the petitioner’s case for grant of compensation. 3. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondents to consider the pending application towards payment of compensation, she is having no objection to the limited prayer and if he files a fresh application, it will be considered in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the petitioner to file a fresh representation before the respondent No. 3 along with all the relevant documents within a period of 15 days from the date of receipt of copy of this order and in turn, the respondent-authorities is directed to decide the representation of the petitioner within a period 6 months from the date of filing of application/representation by the petitioner in accordance with law. 6. With the aforesaid direction, the writ petition is disposed of. 7. It is made clear that this Court has not observed anything on the merits of the case. Sd/- (Arvind Kumar Verma) Judge Jyoti