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2025 DAILYLAW 49334 (CHH)

GOVIND RAM SAHU v. STATE OF CHHATTISGARH

WPC/6183/2025 · 2025-11-25

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:57426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6183 of 2025 1 - Govind Ram Sahu S/o Late Shri Shyamratan Sahu Aged About 75 Years R/o Village Laalpur, Tahsil Dharsinwa, District Raipur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Water Resource Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Collector Collectorate, Raipur, District Raipur Chhattisgarh 3 - Executive Engineer Water Resource Division, Raipur, District Raipur, Chhattisgarh 4 - Additional Tahsildar Dharsinwa, Tahsil Dharsinwa, District Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Ankit Singh, Advocate For Respondents/State : Ms. Poorva Tiwari, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26 /11/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 This Hon’ble Court may kindly be pleased to call for the entire records in relation to the case of the petitioner i.e., his lands bearing Khasra No. 1 and 19 rakba 1.88 acre and 0.38 acre respectively, situated in Village Laalpur, Tehsil – Dharsiwa, District – Raipur (C.G.), which has been affected drowned during the construction of Barbanda Dam by the Respondents from the year 1980, for its kind perusal; 2 10.2 This Hon'ble Court may further kindly be pleased to issue appropriate writ(s)/order(s)/direction(s), directing the respondent authorities to expeditiously decide the representation preferred by the petitioner before the Respondent No. 2 and 3 (Annexure P/3); 10.3 This Hon'ble Court issue appropriate writ(s)/order(s)/direction(s), directing the respondent authorities to initiate the land acquisition proceeding and thereby determine the compensation amount and other benefits as per the prevailing laws in lieu of petitioner's land being affected/drowned during construction of Barbanda Dam; 10.4 That this Hon'ble Court be pleased to grant such other relief(s) in favour of the petitioner, as it may deem fit and proper in the interest of justice; 10.5 Cost of the petition may also be granted to the petitioner.” 2. Learned counsel for the petitioner submits that the land recorded in the name of the petitioner bearing Khasra No. 1 & 19 situated at Village – Lalpur, Tehsil – Dharsiwa, District – Raipur, submerged in water of Barbanda Dam. However, the petitioner was not paid any amount of compensation in lieu of the said land. Petitioner thereafter submitted representation before the authorities, however, it was not considered and the representation was also submitted before the Respondent No. 2/Collector and the Respondent No. 3/Executive Engineer, Water Resources Department, Raipur which also, was not considered and therefore, direction be issued to the Respondents No. 2 & 3 to take decision on the pending representation within specified time. 3. On the other hand, learned counsel for the Respondents/State submits that as the petitioner is not pressing this writ petition on merits and is only seeking a direction to the respondent authorities to take decision on the pending representation, she is having no objection to the limited prayer. However, she submits that the representation of the petitioner (Annexure P/2) does not bear any receipt seal. 3 4. I have heard learned counsel for the parties and also perused the documents placed on record. 5. Perusal of Annexure P/2 which is stated to be a representation submitted by the petitioner would show that it does not bear any receipt seal. In the aforementioned facts of the case, I find it appropriate to dispose of this writ petition, permitting the petitioner to submit a fresh representation before the Respondents No. 2 & 3 and in the event petitioner submits representation before the concerned authority, the same shall be considered and decided in accordance with law expeditiously on its own merits, preferably within a further period of 04 months from the date of receipt of the representation. 6. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY