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2025 DAILYLAW 53561 (CHH)

DINESH GUPTA v. STATE OF CHHATTISGARH

MCC/1197/2025 · 2025-11-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:57203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1197 of 2025 1 - Dinesh Gupta S/o Shri Nanuk Ram Gupta Aged About 57 Years R/o House No. 38/2 Kabir Marg, Mahboob Shah Datar Ward, Gupta 12, Kawardha, Kabirdham Distt.- Kabirdham (C.G.) 2 - Suresh Gupta S/o Shri Ram Gupta Aged About 61 Years R/o House No. 42, Gupta Para, Near Santoshi Mandir, Kawardha, Kabirdham (C.G.) 3 - Sita Gupta W/o Nanuk Ram Gupta Aged About 83 Years R/o House No. 42 Gali No. 02, Dewangan Para, Kawardha (M), Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Public Works (P W D), Mahanadi Bhawan, Mantarlaya, Naya Raipur (C.G.) 2 - The Collector Distt.- Kabirdham (C.G.) 3 - The Tahsildar Kawardha, Distt.- Kabirdham (C.G.) 4 - Chief Municipal Officer Municipal Corporation Kawardha Distt.- Kabirdham (C.G.) 5 - The Sub-Divisional Officer Kawardha, Distt.- Kabirdham (C.G.) 6 - The Chief Executive Officer Of Public Works Department (P W D) Kawardha, Distt.- Kabirdham (C.G.) ... Respondent(s) 2 For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 25/11/2025 1. This MCC has been filed for the correction of typographical/clerical error in the order dated 19.09.2025 passed in WPC No. 3066 of 2025. 2. Learned counsel for the applicant would submit that due to typographical error in the aforesaid order, the khasra numbers and rakba (area) of the applicant’s land have been incorrectly recorded. He therefore, prays to rectify the order dated 19.09.2025 passed in WPC No. 3066 of 2025 to the extent of khasra numbers and area of the applicant’s land in para 6, in the interest of justice. 3. Learned counsel for the respondent raised no objection in this regard. 4. Heard learned counsels for the respective parties at length and perused the record with utmost circumspection. 5. Para 6 of the order dated 19.09.2025 passed by this Hon’ble Court in WPC No. 3066 of 2025 reads as under: “6. Considering the facts and circumstances of the case and prayer made by learned counsel for the petitioners, at this stage this petition is disposed of directing to respondent no. 2- Collector Kabirdham (C.G.) to decide 3 the representation made by the petitioners dated 18.11.2024 (Annexure P-1 Colly.) with the held of respondent Nos. 3 and 5 and demarcate the land of the petitioners before construction of road from the Collectorate, Kawardha to New Bus Stand, Kawardha over the land of the petitioner no. 1- Khasra No. 470/2, 478/4 Rakba 5.7700 hectare, petitioner no. 2- Khasra No. 478/1 Rakba 0.7560 hectare and petitioner no. 3- Khasra No. 470/1 Rakba 0.7788 hectare situated at Patwari Halka No. 13 Tahsil and District- Kawardha (C.G.) and if it is found that the construction of road will be done over the petitioners’ land then, respondent no. 5 shall proceed for execution of land expeditiously preferably within a period of 6 months from the date of receipt of copy of this order. The demarcation of the land shall be done in presence of the petitioners. ” 6. On due consideration and for the reasons mentioned therein I am inclined to allow the present MCC. Para 6 of the order dated 19.09.2025 in WPC No. 3066 of 2025 will now be read as under: “6. Considering the facts and circumstances of the case and prayer made by learned counsel for the petitioners, at this stage this petition is disposed of directing to respondent no. 2- Collector Kabirdham (C.G.) to decide the representation made by the petitioners dated 18.11.2024 (Annexure P-1 Colly.) with the help of respondent Nos. 3 and 5 and demarcate the land of the petitioners before construction 4 of road from the Collectorate, Kawardha to New Bus Stand, Kawardha over the land of the petitioner no. 1- Khasra No. 470/2 Rakba- 0.0920 hectare, Khasra No. 478/4- Rakba 0.6570 hectare, petitioner no. 2- Khasra No. 478/1 Rakba 0.7560 hectare and petitioner no. 3- Khasra No. 470/1 Rakba 0.7780 hectare situated at Patwari Halka No. 13 Tahsil and District- Kawardha (C.G.) and if it is found that the construction of road will be done over the petitioners’ land then, respondent no. 5 shall proceed for execution of land expeditiously preferably within a period of 6 months from the date of receipt of copy of this order. The demarcation of the land shall be done in presence of the petitioners. ” 7. In view of the above, the present MCC is allowed. sd/- (Arvind Kumar Verma) JUDGE Madhurima