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2025 DAILYLAW 37165 (CHH)

SMT. PUNI BAI v. STATE OF CHHATTISGARH

WPC/4022/2025 · 2025-07-30

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:37483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4022 of 2025 1 - Smt. Puni Bai W/o Sunau Ram Yadav Aged About 52 Years R/o Village Damkhacha, Tahsil Barpali, District - Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Collector Korba District - Korba (C.G.) 3 - Land Acquisition Officer / Sub Divisional Officer (Revenue) Korba District - Korba (C.G.) 4 - Tahsildar Tahsil Barpali District - Korba (C.G.) 5 - Sarpanch Of Gram Panchayat Damkhacha, Tahsil Barpali, District - Korba (C.G.) 6 - Dharam Kuwnar (Teacher) (Husband Of The Above Sarpanch), S/o Nandau, R/o Village Damkhacha, Tahsil Barpali, District - Korba (C.G.) 7 - Shivdas S/o Sukhandas Kotwar Of Village Damkhacha, Tahsil Kartala District - Korba (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Chandrasen Chouhan, Advocate For Respondent : Ms. Nupur Trivedi, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 31/07/2025 1. The learned counsel for the petitioner submits that the petitioner is challenging the legality, validity and proprietary of the impugned Digitally signed by JYOTI JHA Date: 2025.08.01 11:06:53 +0530 2 order dated 29.04.2025 passed by the respondent no. 3 without complying the order dated 19.02.2025 passed by this Hon'ble Court in W.P.C. No. 962/2025 which is completely illegal, and against the law and hence this petitioner seeks a direction with this Court to direct the respondents to decide the representation and to give compensation on account of illegal demolition of the construction of house of the petitioner, due to this petitioner has losses amount of Rs. 9,50,000/- for expenses of construction of the house. 2. Learned counsel for respondents that the petitioner was constructing 18 room house under the Pradhan Mantri Awas Yojana by illegally occupying the government land situated at village Damkhancha, therefore the present writ petition is not maintainable. 3. I have heard learned counsel for the parties and perused the material available on record. 4. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that the petitioner was constructing 18 room house under the Pradhan Mantri Awas Yojana by illegally occupying the government land situated at village Damkhancha and there was illegal construction on government land, which has been removed, for which there is no provision for giving compensation. Therefore the present writ petition is dismissed. However, the Sub Divisional Officer (R ) Korba has passed the order (Annexure P-1) against the petitioner, therefore there is an alternative remedy is 3 available to the petitioner under Section 44(1) of the CG Land Revenue Code 1959. 5. It is made clear that this Court has not observed anything on the merits of the case. 6. Accordingly, the present writ petition stands dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti