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2025:CGHC:51366
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5417 of 2025 Pritam Kumar Kewat S/o Late Shri Rasiya Kewat Aged About 49 Years R/o Village Amora, Police Station Mulmula, District Janjgir-Champa Chhattisgarh Present Address Nehru Shatabdi Hospital, Jayant Singrouli (M.P.)
... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Collector Janjgir-Champa, Collectorate Janjgir-Champa Chhattisgarh 3 - Sub Divisional Magistrate S.D.M./ S.D.O. Office, Janjgir-Champa, District - Janjgir-Champa Chhattisgarh 4 - Tahsildar Janjgir-Champa, Tahsil Office, Janjgir-Champa, District - Janjgir- Champa Chhattisgarh 5 - The Superintendent of Police Office of S.P. Janjgir-Champa District - Janjgir-Champa Chhattisgarh
... Respondents For Petitioner : Mr. Rahul Birtharey, Advocate For State : Mr. Satish Gupta, GA
ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.15 18:10:55 +0530
2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 15/10/2025
1. By way of the instant petition, the petitioner is challenging the action of the respondents in not considering and deciding the representations of the petitioner i.e. Annexure P/16, P/17, P/18, P/19 regarding irregularity in the process of land acquisition bearing Survey No.1411/3, area 0.450 hectare situated at Village Amora, District Janjgir – Champa.
2.
Learned counsel for the petitioner would contend that the father of the petitioner had purchased the land bearing Survey No.1411/3, area 0.4050 hectare situated at Village Amora, District Janjgir- Champa, C.G. from one Mahendra Prasad Dubey on 27/04/1999 and since then he was in possession. He would next contend that now the family members of Mahendra Prasad Dubey raised certain objections with regard to cultivation by the petitioner, thereafter, on being enquired it came to the knowledge of the petitioner that the original land survey No.1411/3 has been acquired under the land acquisition process without payment of compensation to the petitioner. Being aggrieved with the same the petitioner preferred a writ petition before this Court bearing WPC No.4168 of 2024 which was dismissed, however, liberty was granted to the petitioner to take recourse to law available to him for redressal of his grievance. He would next contend that thereafter the petitioner filed application for demarcation before the Tahsildar Akaltara, District Janjgir-Champa,
3 / 4 C.G. vide Annexure P/16, however, the same has not been decided and the respondents may be directed to decide the same. 3. Learned State counsel submits that the application Annexure P/16 do not have any receiving, therefore, the petitioner may be directed to file afresh application for demarcation and the same shall be decided. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Though the petitioner has contended that he has made application Annexure P/16 before the Tehsildar for demarcation of the land bearing Khasra No.1411/3, 978/1, area 0.4050 hectares, however, the perusal of the Annexure P/16 would show that it does not bear any seal and signature regarding receipt of the office of the Tehsildar. In such circumstances, looking to the grievance raised by the petitioner, it is directed that the petitioner shall file afresh application for demarcation of the land bearing Khasra No.1411/3, 978/1, area 0.4050 hectares situated at village Amora, P.H. No.20, within a period of 15 days from the date of receipt of copy of this order and on such application being filed the Tehsildar in turn shall decide the same in accordance with law after giving opportunity of hearing to all the concerned /affected parties expeditiously as soon as possible.
The petitioner shall further be at liberty to raise issue before the appropriate authority for grant of compensation if any cause of action arises. 4 / 4
6. With the aforesaid observation, the instant writ petition stands
disposed of. SD/- (Arvind Kumar Verma)
JUDGE ashu