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2025 DAILYLAW 54331 (CHH)

A.P. INFRA DESIGN LIMITED v. STATE OF CHHATTISGARH

WPC/5426/2025 · 2025-10-15

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 2025:CGHC:51703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5426 of 2025 A.P. Infra Design Limited Through Its Director Shri Priyank Tiwari S/o Shri Ram Narayan Tiwari Aged About 29 Years, R/o Ward No. 25, Geetanjali Nagar, Tehsil and District Bilaspur Chhattisgarh ... Petitioner versus 1 – State of Chhattisgarh Through Secretary, Department of Revenue and Disaster Management, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur, District Raipur Chhattisgarh 2 - Collector Office of Collector, Tehsil And District Bilaspur Chhattisgarh 3 - Sub Divisional Officer (Revenue) Cum Sub Divisional Magistrate Mopka, Bilaspur, Tehsil and District Bilaspur, Chhattisgarh 4 - Tehsildar Mopka, Bilaspur, Tehsil and District Bilaspur, Chhattisgarh 5 - Patwari Halka No. 00030, Village Bijour, Mopka, Tehsil and District Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. Pranjal Agrawal, Advocate For State : Mr. Ajit Singh, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/10/2025 1. By way of the instant petition, the petitioner has prayed for the following reliefs:- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.27 10:54:02 +0530 2 / 4 10.1 The Hon’ble Court may kindly be pleased to call for the records of the instant case. 10.2 That, this Hon’ble Court may kindly be pleased order any appropriate Writ/Writ(s), Direction/Direction(s) the Respondent authorities to consider the case of the Petitioner for the Grant of Approach Road of minimum 30 mts. from the Khasra No.8/1 situated at Village Bijour, Mopka, Tehsil and District Bilaspur, Chhattisgarh within a period of 30 days in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased order any appropriate Writ/Writ(s), Direction/Direction(s) the Respondent – Collector- Bilaspur, Chhattisgarh to consider the representation of the Petitioner and decide the same in accordance with law within a stipulated period of 15 days in the interest of justice. 10.4 The Hon’ble Court may kindly be pleased to grant any other Relief/Relief(s), Direction/Direction(s) in favour of the Petitioner as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 10.5 Award cost of proceedings in favour of the Petitioner. 2. The brief facts of the case are that the petitioner is a registered firm duly recognized as a colonizer under the provisions of the Chhattisgarh Nagar Palika Niyam, 2013. The petitioner has obtained all the requisite permissions, licenses and approvals from the competent authorities for the establishment of its colony. However, the access to the said colony is completely dependent upon a strip of government land adjoining the main road. The petitioner has therefore sought the easementary right of access through the adjoining government land as the same is essential for connecting the petitioner’s approved layout to main road. The petitioner has submitted a detailed representation to the District Collector 3 / 4 requesting necessary permission or an alternative road, however, despite lapse of considerable time nothing has been done. Hence this petition. 3. Learned counsel for the petitioner would contend that since the petitioner has approached the respondent authorities by way of a proper representation seeking enforcement of a lawful right, the said authority is bound to consider and decide the representation within a reasonable time period. He would next contend that the prolonged inaction on the part of the respondent authorities are violative of Article 14 of the Constitution of India. He would lastly contend that the concerned respondent authority i.e. Respondent No.2 may be directed to decide the pending representation of the petitioner within a stipulated time frame. 4. Learned State counsel would submit that they have no objection in deciding the representation of the petitioner. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. Considering the entire facts & circumstances of the case and the limited prayer made by learned counsel for the petitioner as well as the submission given by the learned State counsel, it is directed that the Respondent No.2 shall decide the representation of the petitioner dated 30/05/2025 (Annexure P/6) strictly in accordance with law expeditiously as soon as possible preferably within a period of 120 4 / 4 days from the date of production of copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent shall proceed on its own merits. 8. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu