Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 40327 (CHH)

ASHOK KUMAR SURYAWANSHI v. STATE OF CHHATTISGARH

WPC/4445/2025 · 2025-08-19

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:41995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4445 of 2025 1 - Ashok Kumar Suryawanshi S/o Firtu Ram Suryawanshi Aged About 65 Years R/o Kududand, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh 2 - The Collector Land Acquisition Department, District : Bilaspur, Chhattisgarh 3 - The Commissioner Municipal Corporation, Bilaspur, District : Bilaspur, Chhattisgarh 4 - The Executive Engineer Public Works Department, Division No. 1, Bilaspur, District : Bilaspur, Chhattisgarh ----Respondents For Petitioner : Mr. Ramcharan Sahu, Advocate For Respondent-State : Ms. Akanksha Verma Dabhadker, P.L For respondent No. 3 : Ms. Swati Agrawal, on behalf of Mr. Pankaj Agrawal, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 20/08/2025 1. With the consent of the parties, the matter is heard finally. 2. By way of present writ petition, the petitioner is challenging the illegal, arbitrary, and unconstitutional action of the respondents in illegally encroaching upon and utilizing the petitioner's ancestral land for the construction of a road and drainage. This was done without initiating any land acquisition proceedings and without paying any Digitally signed by JYOTI JHA Date: 2025.08.23 12:38:09 +0530 2 compensation, thereby violating the petitioner's fundamental rights under Articles 14 and 21, and the constitutional right to property under Article 300A of the Constitution of India. Their act is discriminatory and arbitrary which is further violation of Articles 14 and 21 of the Constitution of India, 1949. Therefore, he prays for a direction to the respondents No. 2 to 4 to decide the representation of the petitioner for granting adequate compensation for the land. 3. Learned counsel for respondents 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/ representation, she is having no objection to the limited prayer and if the application dated 02.07.2025 is pending, the same will be considered in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. 5. 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. 2 to 4 to consider/decide the representation of the petitioner (Annexure P-7) dated 02.07.2025 on its own merits in accordance with law as expeditiously as possible within a period of 6 months from the date of receipt of copy of this order. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti