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2025 DAILYLAW 5038 (CHH)

RAJESH KUMAR TAMBOLI v. STATE OF CHHATTISGARH

WPC/546/2025 · 2025-01-30

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:5455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 546 of 2025 1 - Rajesh Kumar Tamboli S/o Chaitram Tamboli Aged About 51 Years Resident Of Kaserpara Ward No. 5, Near Budha Mahadev Mandir, Ratanpur, District- Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh) 2 - The Collector Bilaspur, District- Bilaspur, Chhattisgarh 3 - The Sub-Divisional Officer (Revenue) And Land Acquisition Officer Kota, District- Bilaspur, Chhattisgarh 4 - The Executive Engineer Public Works Department, Bilaspur Division, District- Bilaspur Chhattisgarh 5 - The Project Director National Highway Authority Of India, Project Implementation Unit, Bilaspur, Abhilasha Parisar, Behind New Bus Stand, Bilaspur, District- Bilaspur, Chhattisgarh ... Respondent(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.30 17:20:27 +0530 2 For Petitioner : Mr. Jitendra Kumar Saxena, Advocate. For Respondents/State : Mr. Anmol Sharma, Panel Lawyer. For Respondent No.5 : Mr. Ramakant Mishra, D.S.G.I. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 30/1/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent No.3/SDO vide Annexure P-3 dated 11/11/2024 for disbursement of compensation towards the land acquired by the National Highway. 2. Learned counsel for the petitioner would submit that the land bearing Khasra Nos.1838, 1839, 2448 and 2449 situated at village Ratanpur, P.H. No.12, RIC & Tahsil-Ratanpur District Bilaspur, C.G. has been acquired by the respondent for construction of road. The award amount is not being disbursed as there was civil suit pending between the land owners. Presently, the civil suit has been decreed vide judgment dated 25/10/2024 by declaring that the petitioner is entitled for ¼ share of the land in question. He further submits that after the judgment and decree of the civil suit, the petitioner has approached the SDO/Revenue by submitting the representation dated 11/11/2024 Annexure P-3, received by the SDO(Revenue) on 11/11/2024, but till date, no steps has been taken for payment of ¼ share of the compensation, as awarded towards the land bearing Khasra Nos. 1838, 1839, 2448 and 2449 situated at village Ratanpur. 3. Learned counsel for the State submits that if the 3 application/representation is pending before the SDO(R) and there is no dispute about the ownership of the petitioner, the same shall be considered and necessary steps will be taken in accordance with law, within a period of fifty days from the receipt of copy of this order. 4. I have heard learned counsel for the both the parties. 5. In view of submissions made by learned counsel for the parties, the writ petition is disposed of with a direction to the SDO(Revenue)/respondent to consider the representation submitted by the petitioner and take necessary steps for disbursal of amount of the compensation towards the land acquired for construction of National Highway No.45, within a period of fifty days from the date of receipt of copy of this order. 6. With the aforesaid observation and direction, the present writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep