Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 49518 (CHH)

ANIL KUMAR RATHORE v. STATE OF CHHATTISGARH

WPC/6059/2025 · 2025-11-20

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:56683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6059 of 2025 1 - Anil Kumar Rathore S/o Rameshwar Prasad Rathore Aged About 44 Years R/o Ward No. 7, Purani Basti, Kharsia, District Raigarh C.G. 2 - Sunil Kumar Rathore S/o Rameshwar Prasad Rathore Aged About 42 Years R/o Ward No. 7, Purani Basti, Kharsia, District Raigarh C.G. 3 - Anoop Kumar Rathore S/o Rameshwar Prasad Rathore Aged About 34 Years R/o Ward No. 7, Purani Basti, Kharsia, District Raigarh C.G. 4 - Aditya Dev S/o Late Shri Amit Kumar Rathore Aged About 12 Years Through Natural Guardian Rameshwar Prasad Rathore, S/o Late Shri Natthu Ram Rathore, Aged About 71 Years, R/o Ward No. 7, Purani Basti, Kharsia, District Raigarh C.G. ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - Collector, Raigarh, District Raigarh C.G. 3 - Sub Divisional Officer (Revenue), Kharsia, District Raigarh C.G. 4 - Municipal Council, Kharsia, Through Chief Municipal Officer, Municipal Council, Kharsia, District Raigarh C.G. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.21 15:22:19 +0530 2 ... Respondents For Petitioners : Dr. Sudeep Agrawal, Advocate For State-Respondent No.1-3 : Mr. Shreyansh Mehta, Panel Lawyer Hon’ble Justice Shri Parth Prateem Sahu, Judge Order on Board 21.11.2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, in view of the demarcation report dated 09.09.2025 this Hon’ble Court may kindly be pleased to hold that part of the land of the petitioners bearing Khasra No. 82/4/Ka, 82/19, 82/20 & 82/21 have been acquired for construction of drainage and road by the respondent authorities 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to pay adequate compensation to the petitioners as per the Act of 2013 within stipulated time interval. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 02 and 3 to decide the pending representation dated 26.04.2024 & 21.04.2025 (Annexure P- 2) in light of demarcation report within stipulated time frame work for grant of compensation as per the ‘Act of 2013’. 10.4 That, this Hon’ble Court may kindly be pleased to call for the entire records of the case for proper and necessary adjudication of the instant case. 10.5 Any other relief or relief(s) which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for petitioners submits that after demarcation report dated 09.09.2025 it has been clarified that the Municipal Council/respondent no. 4 has constructed drain on private land owned by petitioners. However, no proceedings with regard to acquisition of land and no compensation has been paid to petitioners, against which petitioners have already filed several representations dated 26.04.2024 and 21.04.2024 which is under consideration, therefore, direction be 3 issued to respondent no. 2/Collector, Raigarh to consider and take decision on pending representations at the earliest. 3. Learned counsel for State submits that pleadings in petition and submission made by counsel for petitioners is based on demarcation report which has been conducted in the month of September, 2025, thereafter, he has not submitted any representation. However, he submits that if petitioners submits a representation along with all the relevant documents, then the representation submitted by petitioners would be considered in accordance with law. 4. At this stage learned counsel for petitioners submits that he may be permitted to submit a fresh representation before respondent no. 2 and respondent no. 4 and further submits that direction be issued to concerned authority to take decision on that representation at the earliest. 5. I have heard learned counsel for respective parties, and perused the documents enclosed along with this writ petition. 6. On due consideration of submission made by respective parties and nature of grievances as raised in this writ petition, I find it appropriate to dispose of this writ petition permitting petitioners to submit a fresh representation before respondent no. 2 and respondent no. 4 along with all the relevant documents and in the event, petitioner submits a fresh representation before the concerned authority then concerned authority shall take decision on the same within a further period of 04 months from the date of receipt of copy of representation. 7. With the aforesaid direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza