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2025 DAILYLAW 51877 (CHH)

ASHUTOSH SINGH KACHHAWAHA v. STATE OF CHHATTISGARH

WPC/5382/2025 · 2025-10-13

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:51079 NAFR \HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5382 of 2025 • Ashutosh Singh Kachhawaha S/o Jaipal Singh Aged About 52 Years R/o Of Near Jaipal Tower, Behind Star Children Hospital, Agrasen Chowk, Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue, And Disaster, Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt- Raipur ( C.G. ). 2 -Collector Bilaspur District- Bilaspur, Chhattisgarh. 3 - Sub Divisional Officer ( Revenue ) Sub Division- Kota, Bilaspur, District- Bilaspur, Chhattisgarh. 4 - Tahsildar Belgahana, Tehsil- Belgahana, Sub Division Kota, District- Bilaspur, Chhattisgarh. 5 - The Executive Officer Engineer Pradhan Mantri Gramin Sadak Yojna (Pmgsy ), Sendri, Bilaspur, District- Bilaspur, Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Manish Nigam, Advocate. For Respondent-State : Ms. Upasana Mehta, Dy. GA with Mr. Rishab Bisen, PL ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 14.10.2025 2 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “RELIEF(S) SOUGHT: 10.1 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus by directing the Respondent no.2 to grant appropriate compensation to the petitioner in accordance with law for the acquired land of the petitioner. 10.2 That the Hon'ble Court may kindly be pleased to call for the record pertaining to the present writ petition in the interest of justice. 10.3 That the Hon'ble Court may kindly be pleased to grant any other relief deemed fit in the facts and circumstances of the case. 10.4. That the Hon’ble Court may kindly be pleased to award the cost of the petition.” 2. Learned counsel appearing for the petitioner contended that petitioner is owner of land bearing Khasara no.86, admeasuring 2.22 Acres, situated at Village-Chikhla Dabri, Patwari Hakla Number-13, RNM, Tahsil-Belgahana, Sub Division-Kota, District- Bilaspur, (CG). The respondent-authority has constructed a road on the land belonging to the petitioner without giving any compensation. The concerned Authority has demarcated the land in question in presence of the petitioner and representative of the PMGSY (namely Abhishek Tiwari, Assistant Engineer) and prepared a 'Panchnama' wherein it has been categorically 3 mentioned that on the land of the petitioner (150m L x 10m W= Total 1500 meters) road from Kurdar to Chikhla Dabra under the PMGSY Scheme has been constructed. In this regard, petitioner has made representation before the concerned Authority for grant of compensation, but till date same is pending for consideration, hence, this writ petition may be disposed of with a direction to the concerned respondent-authority to consider and decide the pending representation Annexure P-5, within an specified time frame in accordance with law/rules. 3. Learned counsel appearing for the respondents/State submits that she is having no objection to the limited prayer made by counsel for the petitioner. 4. Heard learned counsel for the parties. 5. Considering facts of the case, nature of relief, submissions of counsel for the parties, this writ petition is disposed of at this stage directing the concerned respondent-authority to consider and decide the pending representation of the petitioner Annexure P-5 in accordance with relevant rule/law/regulation preferably within an outer limit of ‘120 days’ from the date of receipt of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Arvind Kumar Verma) Judge J/-