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2025:CGHC:783
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5907 of 2024 1 - Sunder Lal Gupta S/o Late Shri Parmeshwar Dayal Gupta Aged About 70 Years R/o Firangipara Main Road Kota, Tehsil Kota, District – Bilaspur, Chhattisgarh 2 - Motilal Gupta S/o Late Shri Parmeshwar Dayal Gupta Aged About 68 Years R/o Firangipara Main Road Kota, Tehsil Kota, District – Bilaspur, Chhattisgarh 3 - Kanhaiya Lal Gupta S/o Late Shri Parmeshwar Dayal Gupta Aged About 62 Years R/o Firangipara, Main Road Kota, Tehsil Kota, District – Bilaspur, Chhattisgarh
... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development, Indrawati Bhawan, Block D, Fourth Floor, Atal Nagar, Raipur, Chhattisgarh 2 - The Collector Bilaspur Cum Deputy Secretary, Chhattisgarh State (Revenue And Disaster Management Department) Collectorate, In Front Of Composite Building, Bilaspur, Chhattisgarh 3 - Land Acquisition Officer, Land Acquisition Branch, Kota, District Bilaspur, Chhattisgarh
2 / 3 4 - Narayan Prasad Gupta S/o Late Shri Parmeshwar Dayal Gupta Aged About 66 Years R/o Firangipara Main Road Kota, Tehsil Kota, District – Bilaspur, Chhattisgarh 5 - Smt. Anita Gupta W/o Shri Narayan Prasad Gupta Aged About 60 Years R/o Firangipara, Main Road Kota, Tehsil Kota, District – Bilaspur, Chhattisgarh 6 - Heeralal Gupta S/o Late Parmeshwar Dayal Aged About 72 Years R/o Firangipara Main Road Kota, Tehsil Kota, District - Bilaspur Chhattisgarh 7 - Smt. Durga Gupta W/o Late Shri Ramlakhan Gupta, D/o Late Parmeshwar Dayal Aged About 64 Years R/o Village Konchara, Tehsil Kota, District Bilaspur, Chhattisgarh 8 - Smt. Saraswati Gupta W/o Shri Umeshchandra Gupta, D/o Late Parmeshwar Dayal Gupta Aged About 60 Years R/o Chatidih, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Harshal Chouhan, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. Government Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 06/01/2025
1. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking a direction towards the respondent/SDO (Land Acquisition Officer) to stay the disbursement of compensation in favour of the respondent No.4 pursuance to the award dated 09/06/2023 stating that a Civil Suit No.66/A/2023 (partition between family members) is pending
3 / 3 before the learned Principal District Judge, Bilaspur. The petitioners have moved an application dated 05/04/2024 before the SDO (Land Acquisition Officer), Bilaspur which is still pending.
2.
Learned counsel appearing for the petitioners submits that the respondents may be directed to consider and decide their pending application regarding non-disbursal of the award amount to the respondent No.4.
3.
Learned counsel appearing for the respondents/State submits that if the application dated 05/04/2024 (Annexure P/6) is still pending before the concerned authority, the same shall be decided, in accordance with the relevant provisions, within the stipulated period.
4. I have heard learned counsel for the parties and perused the documents.
5. In view of the submissions made by the learned counsel for the parties, the writ petition is disposed of with a direction to the SDO to consider and decide the application dated 05/04/2024 (Annexure P/6) filed by the petitioners and pass a detailed order in accordance with law, within a period of 10 days from the date of receipt of a copy of this order. Till then the award amount shall not be disbursed.
6. With the aforesaid direction, this writ petition is disposed of.
7. Certified copy today.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar