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2025 DAILYLAW 47694 (CHH)

BADRIVISHAL GUPTA v. STATE OF CHHATTISGARH

WPC/5763/2025 · 2025-11-05

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:54028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5763 of 2025 1 - Badrivishal Gupta S/o Ramjee Lal Gupta Aged About 79 Years R/o House No. 25/b Bhupdevpur, Tahsil - Kharsiya Distt. Chhattisgarh Through Power Of Attorney Holder Nand Kishor Gupta S/o Shri Badrivishal Gupta, Aged About 42 Years, R/o Housing Board Colony, Q. No. H/1-02, Pendra, Distt - G P M Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Secretariat At Mahanadi Bhawan, New Raipur, Distt. - Raipur Chhattisgarh 2 - Divisional Railway Manager South Eastern Central Railway, D R M Complex, Bilaspur, Distt. - Bilaspur Chhattisgarh 3 - Station Master Bhupdevpur Railway Station, Distt. - Raigarh Chhattisgarh 4 - Collector Raigarh Distt. - Raigarh Chhattisgarh 5 - Sub Divisional Officer (Revenue) Kharsiya, Distt. - Raigarh Chhattisgarh 6 - Tahsildar, Kharsiya Tahsil - Kharsiya, Distt. - Raigarh Chhattisgarh --- Respondents ____________________________________________________________ For Petitioner : Mr. Jai Prakash Shukla, Advocate For State/Respondents : Mr. Ramakant Mishra, DSGI BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.07 16:22:26 +0530 2 Hon'ble Shri Justice Parth Prateem Sahu Order On Board 06/11/2025 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2 That the Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari/ prohibition/ mandamus, thereby to direct the respondent authorities to compensate petitioner after fair assessment for loss caused by railway/its agency to petitioner's land bearing khasra no 12/1 area 1.400 hectare with applicable interest on it. 10.3 Hon'ble Court may kindly further be pleased to direct respondent authorities to vacate the questioned petitioner's land with immediate effect after developing it up to cultivation level. 10.4 Hon'ble court may kindly further be pleased to direct the respondent authorities to decide the pending representation dated 19-06-2024 (portion of P/4), and further to pass any order which deems fit including cost of the petition in the interest of Justice.” 2. Learned counsel for petitioner submits that in view of the pleadings made in the writ petition stating that the respondent/Railway Department has kept sleepers and other goods and machinery on his agricultural field against which he has already submitted representation before the respondent No.2, which is still pending consideration, therefore, a direction be issued to respondent No.2 to 3 take decision on the pending representation submitted by petitioner expeditiously within specified time. 3. Learned counsel appearing on behalf of respondents No.2 and 3 would submit that in view of the limited prayer made by learned counsel for petitioner of deciding the pending representation, he is having no objection. He submits that if the representation is still pending consideration, it will be considered and appropriate orders will be passed in accordance with law. 4. I have heard learned counsel for parties. 5. Considering the nature of grievance raised and submission of learned counsel for petitioner, without entering into merits on claim of petitioner, this petition is disposed of at this stage directing respondent No.2 to consider and decide the representation/application submitted by petitioner (Annexure P-4) dated 27.03.2024 expeditiously preferably within a period of four weeks form the date of receipt of this order. It is ordered accordingly. 6. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram