1 2025:CGHC:39736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4248 of 2025 1 - Radheshyam Sahu S/o Bodhan Sahu, Aged About 57 Years R/o Village Tamnar, Tehsil Tamnar, District Raigarh, Raigarh Chhattisgarh 2 - Devnarayan Sahu S/o Bodhan Sahu, Aged About 57 Years R/o Village Tamnar, Tehsil Tamnar, District Raigarh, Raigarh (C.G.) 3 - Gangaram Sahu S/o Bodhan Sahu, Aged About 61 Years R/o Village Tamnar, Tehsil Tamnar, District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan Raipur, Raipur, District Raipur (C.G.) 2 - The District Collector, District Raigarh (C.G.) 3 - The Sub Divisional Officer (Revenue) Gharghoda, Raigarh, District Raigarh (C.G.) 4 - The Tehsildar, Tehsil Tamnar, District Raigarh (C.G.) 5 - Jindal Power Limited, Through Its General Manager, Tamnar, District Raigarh (C.G.) --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Siddharth Pandey, Advocate For Respondent-State : Ms. Akanksha Verma, PL --------------------------------------------------------------------------------------- 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 08.08.2025 1. By way of this petition, petitioner is seeking following relief(s): “10.1 Issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the land acquisition proceedings initiated in respect of the Petitioners' land situated at Village Tamnar, Tehsil Tamnar, District Raigarh, CG., under the Land Acquisition Act, 1894, culminating in Award dated 18.06.2015, stand lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; 10.2 Direct the Respondents to return the land in question, i.e. land bearing Khasra Nos. 938/3/क, 1014/1, 1015/1, 1016/2, 1017/1, 984/3, 1048, 1055, 934/4 admeasuring a total of 3.562 hectares situated at Village Tamnar, Tehsil Tamnar, District Raigarh, CG. to the petitioners; 10.3 Quash the stay order dated December 2024 issued by the Tehsildar, Tamnar, against the Petitioners' land as being without jurisdiction and in violation of principles of natural Justice; 10.4 Direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners' land bearing Khasra Nos. 938/3/क, 1014/1, 1015/1, 1016/2, 1017/1, 984/3, 1048, 1055, 934/4 admeasuring a total of 3.562 hectares situated at 3 Village Tamnar, Tehsil Tamnar, District Raigarh, CG; 10.5 Grant any other relief which this Hon'ble Court deems just, fair and proper in the facts and circumstances of the case, including the cost of the petition.” 2. Learned counsel for the petitioner contended that the present Writ Petition challenges the illegal, arbitrary, and lapsed land acquisition proceedings Initiated under the Land Acquisition Act, 1894, for industrial purposes in Village Tamnar, District Raigarh (C.G.), which includes the Petitioners' agricultural land measuring 3.562 hectares. The acquisition, conducted for the benefit of Jindal Power Limited, culminated in an Award dated 18.06.2015, but was done without the mandatory Gram Sabha consent. Despite the award, no physical possession of the Petitioners' land was ever taken, nor was compensation paid or deposited, and the land continues to stand recorded in the Petitioners' name. As per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, the acquisition stands lapsed. However, based on a private complaint by the company, the Tehsildar, Tamnar, issued an unlawful stay order in December 2024, restraining the Petitioners from using their land without due process. Hence, the Petitioners pray for quashing of the acquisition proceedings, restoration of possession and revenue records, and protection of their constitutional rights. 4 3. Learned State counsel contended that the concerned authority is ready to consider and decide the pending representation/application made by the petitioner as per law. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering the facts of the case and submission made by counsel for the respective parties, this writ petition is disposed of directing to respondent No.2 – District Collector, Raigarh (C.G.) to consider and decide Annexure P-5 as submitted by the petitioners expeditiously preferably within a period of ‘six months’ from the date of receipt of copy of this order, in accordance with rules, regulations and law after providing proper opportunity of hearing to all the concerned affected parties. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant