1 2025:CGHC:42005 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4450 of 2025 Savita Gupta W/o Harnarayan Gupta Aged About 60 Years R/o Chinibhata Korba Tahsil Korba, Distt. Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Korba, Distt. Korba, Chhattisgarh 2 - Land Acquisition Officer Korba, Distt. Korba, Chhattisgarh 3 - Tahsildar Korba Distt. Korba, Chhattisgarh 4 - Smt. Laxmi Yadav W/o Late Munuram Yadav R/o Laxmanjan Ward Sunalia Road Byepass Road Korba, Chhattisgarh 5 - Sadhuram Yadav S/o Munuram Yadav R/o Laxman Ward Sunaliya Road Byepass Korba, Chhattisgarh. ---- Respondents For Petitioner : Mr. Vivek Kumar Tripathi & Mr. Qamrul Aziz, Advocates For State : Mr. Soumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 2 20/08/2025 1. The present writ petition has been filed by the petitioners with the following relief(s) : “10.1. That the learned land acquisition authority korba and Collector Korba may be directed to decide the representation of the petitioner by providing the compensation of the acquired land area 0.10 acre Land of Khasra No 562/5 and 0.03 acre land of Khasra no 562/2 of village Korba. 10.2. That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the present petitioner in the interest of justice along with costs of the petition” 2. Learned counsel appearing for the petitioner submits that on 20.06.2007, the Tahsildar order in Korba has favour of Sadhurari passed an order of dispossession Neelkanth Sahu against the respondent Laxmin and Sadhuram Yadav from the suit popery Khasra No 562/5 area 0.10 acr Land situated at Village Korba. Against the order dated 20.06.2007 passed by the Tahsildar Korba in revenue case No 18 A 70/2006-2007, the smt Laxmin and Sadhuram have filed an appeal before the court of Sub Divisional Officer Korba which has been registered as Revenue appeal No 24 A-70 2007-2008, which has been dismissed vide order dated 07.04.2008. On 19.11.2008, being aggrieved against the order dated 07.04.2008 passed by the Sub divisional officer Korba in revenue appeal 24A/2007-2008 the 3 respondent Smt. Laxmin and Sadhuram have preferred an appeal under Section 44(2) of Chhattsiagarh Land Revenue Code along with the application under Section 5 of Limitation Act and stay application under Section 52 of Chhattisgarh Land Revenue Code before the Court of Additional Commissioner Bilaspur Division, Bilaspur and vide order dated 18.02.2009 the learned Additional Commissioner Bilaspur Division Bilaspur has dismissed the appeal as filed by appellant Laxmin and Sadhuram on the ground of being barred by limitation as mentioned and order in the order dated 18.02.2009. Thereafter on 01.08.2009, Laxmin and Sadhuram have led the civil suit for declaration of said suit title the and permanent injunction against property bearing Khasra No. 562/5 area 0.10 acre land house aitunted at Korba against the Neelkanth Sahu and state of Chhattisgarh through Collector Korba, Tahsildar Korba and additional party Savita Gupta who purchased the said suit property on dated 08.06.2009 as during pendency of the civil suit No 62A/2014. That vide civil suit registered an Judgment and decree dated 07.12.2015 said civil suit No 62A/2014 has been dismissed by the Trial Court Civil Judge Class 2 Kartala Circuit Court of District Korba. Being aggrieved against the Judgment and decree dated 07.12.2015 passed by the trial court in civil suit No 62A/2015 the appellant/plaintiff Laxmin and Sadhuram have preferred the appeal under Section 96 of Civil Procedure code before the court of Additional District Judge (FTC) as civil appeal No District Korba 4 which has been registered 05A/2016 and dismissed on merits vide Judgment and decree dated 25.01.2018. That against the Judgment and decree dated 25.01.2018 passed by the first appellate court the appellant/ plaintiff have preferred the memorandum of second appeal under section 100 of Civil Procedure code before the Hon'ble Chhattisgarh High Court Bilaspur which has been registered as second appeal No. 94/2018 and no stay order as passed by the Hon'ble Chhattisgarh High court Bilaspur till date therefore the proceeding pending before the court below is required to be performed. 3. Learned State Counsel contended that it may be directed to the petitioner to file a fresh representation before the concerned Collector and thereafter the concerned Collector shall consider and decide the same as per law. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the respective parties, this writ petition is disposed of permitting the petitioner to submit a fresh representation before the concerned Collector within '15 days' from the date of receipt of copy of this order raising her grievances as raised in this writ petition. On making such representation, the concerned Collector is shall consider and decide the same after giving opportunity of hearing to respondents No.4 & 5 and 5 other affected person, if any, as expeditiously as possible, as per rules, regulations and law. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. Accordingly, the instant petition is disposed of. C.C. as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant