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2025 DAILYLAW 47200 (CHH)

SMT. RAMKALI v. STATE OF CHHATTISGARH

WPC/5754/2025 · 2025-11-05

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:54115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5754 of 2025 Smt. Ramkali W/o Late Shri Matru Lal Aged About 70 Years R/o H.No. 15/08, Ward No. 27, Azad Nagar, Godripara, Chirmiri, P.O. Godripara, Distt- Manendragarh-Chirmiri-Bharatpur, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur C.G. 2 - Engineer-In-Chief, Public Works Department, Nirman Bhawan, Atal Nagar, Naya Raipur, Raipur, District Raipur C.G. 3 - Chief Engineer, Public Works Department, Raipur, District Raipur C.G. 4 - Sub Divisional Office, Public Works Department, Manendragarh, District- Manendragarh-Chirmiri-Bharatpur C.G. 5 - Executive Engineer, P.W.D. Manendragarh Division, District- Manendragarh-Chirmiri-Bharatpur C.G. 6 – Collector, Manendragarh, District- Manendragarh-Chirmiri-Bharatpur C.G. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.18 17:21:37 +0530 2 7 - Sub-Divisional Officer (Revenue) Cum Land Acquistion Officer, Manendragarh, District- Manendragarh-Chirmiri-Bharatpur C.G. ... Respondents For Petitioner : Mr. Vivek Kumar Agrawal, Advocate appears through V.C and assisted by Ms. Bharti Khunte, Advocate For Respondents/State : Mr. Akhilesh Kumar, Govt. Advocate (Hon’ble Justice Shri Parth Prateem Sahu, Judge) Order on Board 06/11/2025 1. This writ petition has been filed by petitioner seeking following reliefs:- “10.1 That, this Hon’ble Court be pleased to call for the entire records from the respondents for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to grant compensation to the petitioner in lieu of acquisition of land bearing Khasra No. 373/3, admeasuring area 0.009 hectares for construction & widening road of situated at Village Chainpur, P.H. No. 9, R.I. Circle Manendragarh (Gramin), Tehsil- Manendragarh, District M.C.B. (C.G.) within speci4c time period. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondents to consider the case of the petitioner in respect of the compensation on acquisition of her land and decide the representaiton of the petitioner within speci4c time period. 10.4 That this Hon’ble Court be pleased to direct the state authorities to compensate the petitioner by paying adequate compensation for the economic and mental harassment. 10.5 That any other order or orders, direction or directions, writ or writs, as this Hon’ble Court may deem 4t under the facts and circumstances of the case may also be issued in favour of the petitioner against the respondents. 3 10.6 That costs of the petition may also be awarded to the petitioner.” 2. Learned counsel for petitioner would submit that petitioner is the owner of land bearing Khasra No. 373/3, admeasuring 0.0039 hectares out of the aforementioned land. Respondents have constructed road on 0.0009 hectares of land. Petitioner along with the other affected persons have submitted application before the Collector/Respondent no. 6 for grant of compensation and to released in their favor, however no action since long has been taken on their claim. He also pointed out that petitioner has submitted the writ petition to Collector/Respondent no. 6 on 27.06.2023 which is also not decided and, therefore, direction be issued to respondents to verify the facts and to pay appropriate amount of compensation, in accordance with law. In support of his contention he referred to the documents enclosed along with this writ petition. 3. Learned counsel for State submits that in view of the limited prayer made by counsel for petitioner, respondent no. 3 to 6 shall be directed to take decision on the claim of petitioner. He also submitted that he has no objection to the limited prayer and further submits that from the documents it is appearing that petitioner’s application is pending consideration before appropriate authority and if it has not been decided till now, it will be considered in accordance with law. 4. I have heard learned counsel for respective parties and also perused documents enclosed with this writ petition. 5. Perusal of the documents Annexure P-3 would show that it is a letter written by the Sub Divisional Officer (Revenue) cum Land Acquisition Officer, Manendragarh/Respondent no. 7 to the Sub Divisional Officer, Public Works Department/Respondent no. 4 mentioning that land of petitioner was used for construction of road and the application is submitted by petitioner before him for grant of compensation and to sought necessary information from the Sub Divisional Officer, P.W.D. Department/Respondent no. 4 on 25.01.2024. Another letter dated 07.05.2025 is the letter of Executive Engineer P.W.D./Respondent no. 5 to Collector, Manendragarh/respondent no. 6 in which it has been 4 intimidated that verification of use of the lands for construction of road of applicants (therein) are in process and appropriate amount will be deposited after passing of the award by Sub Divisional Officer cum Land Acquisition Officer/Respondent no. 7. Part of the letter would also show list of persons whose land was used for construction of road including the name of petitioner/Smt. Ramkali at serial no. 9. 6. In the aforementioned facts of the case where claim of petitioner has already been processed by the concerned authority for considering the claim of petitioner for compensation in the month of January, 2024, instead of keeping this writ petition pending, seeking reply from respondents, I find it appropriate to dispose of this writ petition at this stage directing respondent no. 3 to 6 to consider the claim of petitioner pursuant to the representation submitted by petitioner on 29.04.2025 and 02.09.2025 to Collector/Respondent no. 6 preferably in further period of six month from the date of receipt of representation. Petitioner will be at liberty to submit fresh representation before respondent no. 3, 5 and 6, if such a representation is submitted by petitioner before respondent no. 3 to 6, concerned authority shall consider and take decision and initiate appropriate proceedings. 7. With the aforesaid observation/direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) JUDGE alfiza