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2025 DAILYLAW 40303 (CHH)

SURYA PRAKASH SONI v. STATE OF CHHATTISGARH

WPC/4398/2025 · 2025-08-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 2025:CGHC:41128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4398 of 2025 1 - Surya Prakash Soni S/o Late Radheshyam Soni Aged About 63 Years 2 - Chandra Prakash Soni S/o Late Radheshyam Soni Aged About 65 Years Both are R/o Shop No. 118, New Civic Centre, Bhilai Tahsil And District- Durg (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of Revenue & Disaster Management Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District - Raipur (C.G.) 2 - Collector (Nazul Branch) Durg District - Durg (C.G.) 3 - Sub Divisional Officer (Revenue) Durg District - Durg (C.G.) 4 - Executive Engineer Public Works Department Sub Division No. 2 Durg District - Durg (C.G.) 5 - Tahsildar Durg District - Durg (C.G.) ... Respondents For Petitioners : Mr. Raghvendra Pradhan, Advocate For State : Mr. Praveen Das, Dy. AG along with Mr. Rishabh Bisen, PL for the State. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.18 16:19:00 +0530 2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/08/2025 1. By way of the instant petition, the petitioners have prayed for the following reliefs:- 10.1 That, this Hon’ble Court may kindly be pleased to call for entire record pertaining to the subject matter. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction/order to the respondent authorities restricting them from causing obstruction on the temporary path used by the petitioners made across the Nazul Land bearing khasra no. 199. 10.3 That, this Hon’ble Court may kindly be pleased to issue direction by directing the respondent authorities to stop the construction work over the land in question ensuring the smooth approach of petitioners on their ownership land situated adjacent to the Khasra No. 199. 10.4 That, this Hon’ble Court may kindly be pleased to issue direction by directing the respondent authorities to ensure 18 meter wide road for approached to the land bearing Khasra No.177/1 of the petitioner from the Khasra No.199. 10.5 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon’ble court deems fit in the 3 / 4 circumstances of the case. 2. The grievance of the petitioners is that though the petitioners are the owners of the land bearing Khasra No.177/1, area 0.68 hectare (1.70 acres) situated at Village Junwani, P.H. No.15, R.I. Circle Durg-1, District Durg and the petitioners have purchased the said land through a registered sale deed dated 13/11/2002 and their names have been mutated and they have been availing the easementry right of way for the last 22 years though a 10 acres of Nazul land bearing Khasra No.199 and now the State Government is going to construct the boundary walls upon the temporary path for construction of Judicial Officer Colony on about 04 acres of land due to which the temporary path to the land of the petitioners would be blocked. The petitioners have filed a representations on 02/07/2024 & on 25/06/2025 before the concerned SDO (R) Durg but nothing has been done till date. Hence this petition. 3. At this juncture learned counsel for the petitioners would submit that the respondents may be directed to decide the representations made by the petitioners and the instant petition may be kept pending. 4. Per contra, learned State counsel contended that instead of keeping this petition pending, it may be disposed of with a direction to decide the representations made by the petitioners. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 4 / 4 6. Considering the entire facts & circumstances of the case, the respondent authorities are directed to decide the representations made by the petitioners on 02/07/2024 & 25/06/2025 within a period of 60 days from the date of receipt of copy of this order, in accordance with law. 7. With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu