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2025 DAILYLAW 50176 (CHH)

SHIVDAYAL MANHAR v. STATE OF CHHATTISGARH

WPC/2556/2025 · 2025-08-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:42955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2556 of 2025 Shivdayal Manhar S/o Shri Charan Das Manhar Aged About 54 Years Resident Of Village Kewachi, Tahsil And P.S. Bilha, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Water Resources Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Deputy Director, Water Resources Department Address Infront Of Collectorate Offe, Bilaspur District Bilaspur Chhattisgarh 3 - Collector, Bilaspur District Bilaspur Chhattisgarh 4 - Land Acquisition Officer/sub Divisional Officer (Revenue) Bilha, District Bilaspur Chhattisgarh 5 - Tahsildar, Tahsil Bilha, District- Bilaspur Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Ms. Sangeeta Kashyap, Advocate. For Respondent-State : Ms. Akansha Verma, PL. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 11.08.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “(i) That, this Hon'ble Court may kindly be pleased to direct 2 the respondent authorities to consider the claim of the petitioner and to make payment of compensation of damaged agricultural land w.e.f. years in accordance with provision of Damage and Property Act the Damage and Property Act with 18% interest within stipulated time, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the petitioner is having ancestor property and his father name has been recorded in the revenue record. After death of his father, the petitioner has in peaceful possession over the agricultural land bearing khasra no.344 area 0.9380 hectare & khasra no.345 area 0.4290 hectare, which are situated at village Kewachi, Tahsil and P.S. Bilha, District Bilaspur (C.G). The petitioner and his family members were growing paddy and vegetable upon the said land for their livelihood. Said agricultural land of the petitioner has been down upon the Pounsary Jalasaya dam in every year, due to which, petitioner has deprived for cultivating paddy and vegetable in every year and very difficulties to survival for their livelihood. Hence, petitioner has came-up before this Court with aforesaid prayer. 3. Learned State Counsel submits that if petitioner files an representation before respondent No.3/Collector raising all his claim, same shall be considered and decided in accordance with 3 law, expeditiously. 4. Heard learned counsel for the parties. 5. Considering facts of the case, nature of reliefs/prayer, submissions of counsel for the parties, writ petition is disposed of permitting the petitioner to file detailed representation before respondent No.3 alongwith relevant documents and raised all grievance/claim as raised before this Court. On receiving such representation, respondent No.3 shall consider and decide the same expeditiously in accordance with relevant rules/law/regulation. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-