1 2025:CGHC:38597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4149 of 2025 Vimal Kosariya S/o Late M. R. Kosariya Aged About 68 Years R/o House No. 06, Ghotiya Road, Ward No. 26, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District : Raipur, Chhattisgarh 2 - The Collector Kawardha, District : Kawardha (Kabirdham), Chhattisgarh 3 - Sub Divisional Officer (Revenue) Kawardha, District : Kawardha (Kabirdham), Chhattisgarh 4 - Executive Officer Public Work Department, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh 5 - Municipal Council Kawardha Through Its Chief Municipal Officer, Karadha, District : Kawardha (Kabirdham), Chhattisgarh 6 - Tehsildar Kawardha, District : Kawardha (Kabirdham), Chhattisgarh --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Ms. Ankita Shukla, Advocate For State : Ms. Nupur Trivedi, PL --------------------------------------------------------------------------------------- 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 05.08.2025 1. By way of this petition, the petitioner is seeking following relief(s) :- “10.1 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not make any construction/not made any other activities upon the subject land bearing land bearing khasra no. 331/3 rakba 0.0080 hector, situated at Kawardha, Tehsil Kawardha, Distt- Kabirdham (C.G) till the proceeding is pending for demarcation of subject land 10.2 That, this Hon'ble court may direct the respondents to pay the compensation for the subject land/ house which has been acquire/demolished without giving prior notice to the petitioner within stipulated period. 10.3 That, this Hon'ble court may direct the respondent authority to consider an representation of petitioner for demarcation of subject land within stipulated period. 10.4 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner contended that the present petition is being made against the illegal, arbitrary and unreasonable action of the respondent authorities by which the respondent authorities have demolish the part of house while acquired the land bearing khasra no. 331/3 rakba-0.0080 hector situated at Kawardha. Tehsil Kawardha, Distt- 3 Kabirdham (C.G) for construction (widening) of road and drainage, in which the petitioner was in possession since last 15 years also the petitioner invested the large amount in the subject land for construction of house for their livelihood but the respondent authorities forcibly acquired the land of petitioner and forcibly damage the house of petitioner. therefore, the action of respondent authorities is illegal, arbitrary and contrary to law. It is submitted that the plan for widening of the subject land has been underway for the past several years and final action was prepared in which a plan was prepared and agreed upon to keep the road 40 feet wide, 20-20 feet's on both sides from the center and it was communicated orally to the petitioner and other people and they had given their consent orally for the development of the area, although the petitioner land and residential room were also getting affected due to the said widening of road. 3. It is further submitted that suddenly on 22.02.2025, in the afternoon the staff of the Revenue Department came and started marking the road on both sides by saying that it has to be widened by 25-25 feet's both side from the center, due to which the land owned by the petitioner and the residential rooms, column, etc. built on the said subjected land got affected. therefore, the action of respondent authorities is illegal, arbitrary and contrary to law. Petitioner made representation before respondent authorities to not raise any construction / acquire the land of 4 petitioner and made objection not to raised any construction or acquire the land of petitioner but they have not taken any action and mark the land of petitioner and on dated 24.04.2025 without any prior notice, respondent authorities came on spot and forcibly damage the residential rooms in the subject land. therefore the action of respondent authorities is illegal arbitrary and contrary to law. 4. The petitioner has made several representation before the authorities not to raise any construction and acquire the land of the petitioner, but till date the same has not been considered, therefore he prays for a direction to the concerned authorities to decide his representation. 5. Learned counsel for State submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending application Annexure P-2, she is having no objection to the limited prayer and if the claim of the petitioner is pending, it will be considered in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. 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 respondent No.3- Sub-Divisional Officer (R), Kawardha to consider/decide the pending representation Annexure P-2 of the petitioner on its own merits in accordance with rules and 5 regulations within a period of ‘06 months’ from the date of receipt of copy of this order. 8. It is made clear that this Court has not expressed any opinion on the merits of the case. 9. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant