Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:55277-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 816 of 2025 1 - Jayesh Kumar Bhatia S/o Late Ram Kishan Bhatia Aged About 53 Years R/o 286, Jawahar Nagar, Behind Agrasen Bhawan, Raipur P.O. Main Branch Raipur - 492001 Police Station K.K. Road Moudhapara Raipur Chhattisgarh 2 - Prakashchand Bhatia S/o Late Ram Kishan Bhatia Aged About 42 Years R/o 286, Jawahar Nagar, Behind Agrasen Bhawan, Raipur P.O. Main Branch Raipur - 492001 Police Station K.K. Road Moudhapara Raipur Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, D.K.S. Bhawan, Raipur Chhattisgarh 2 - The Commissioner Raipur Division Raipur Chhattisgarh 3 - The Collector And Ex-Officio Deputy Secretary, To Govt. Of Chhattisgarh, Department Of Revenue Raipur Chhattisgarh 4 - The Sub Divisional Officer Cum Land Acquisition Officer Arang / Abhanpur, Raipur, Chhattisgarh 5 - The New Raipur Development Authority Naya Raipur, Through Its Chief Executive Officer Raipur Chhattisgarh
... Respondent(s) For Appellants : Mr.Ratnesh Kumar Agrawal, Advocate For Respondents No.1 to 4 For Respondent No.5 : : Mr.Shashank Thakur, Deputy Advocate General Mr.Risabh Bajaj, Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR
2 Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Judgment
on Board
Per
Ramesh Sinha
, Chief Justice
13.11.2025
1. Heard Mr.Ratnesh Kumar Agrawal, learned counsel for the appellants as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.1 to 4/State and Mr.Risabh Bajaj, learned counsel appearing for respondent No.5.
2. The appellants have filed this writ appeal against the order dated 20.08.2025 passed by learned Single Judge in WPC No.868/2012 by which learned Single Judge has dismissed the writ petition filed by the appellants herein.
3. Learned counsel appearing for the parties submit that the issue involved in this writ appeal has already been considered and decided by this Court vide judgment dated 10.11.2025 passed in WA No.807 of 2025 (Prakashchand Bhatia v. State of Chhattisgarh and others), wherein this Court held as under:-
“15. Having given anxious consideration to the
submissions advanced on behalf of the parties, and upon a thorough scrutiny of the pleadings, documents and the reasoning assigned by the learned Single Judge, we are of the considered view that no case for interference is made out. The learned Single Judge has meticulously examined the validity of the acquisition proceedings, the applicability of the urgency clause, the issuance of the relevant notifications and the effect of the award already
3 passed. The conclusions recorded therein are supported by the material on record and are in harmony with the settled principles governing judicial review in matters of land acquisition.
16. The appellant/writ petitioner has not been able to demonstrate any procedural irregularity of a substantial nature, nor have they shown any breach of mandatory provisions of the Land Acquisition Act, 1894 that would vitiate the proceedings. The contention regarding non-taking of possession, as also the reliance placed upon the subsequent order dated 11.03.2022, does not undermine the legality of the acquisition already concluded.
17. The plea founded upon Section 18 of the Act has likewise been rightly repelled, and we find no reason to take a different view. In the absence of any material to establish perversity, arbitrariness, or violation of statutory mandate, the grounds urged in the writ appeal are unsustainable. The impugned order dated 20.08.2025 does not suffer from any error warranting interference in appellate jurisdiction.
18. Consequently, the writ appeal fails and is accordingly dismissed. There shall be no order as to costs.”
4. In that view of the matter, the present writ appeal is also dismissed in terms of the judgment dated 10.11.2025 passed by this Court in WA No.807 of 2025. No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu