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2025 DAILYLAW 55272 (CHH)

PANCHRAM v. STATE OF CHHATTISGARH

WPC/6149/2025 · 2025-11-24

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:57266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6149 of 2025 Panchram S/o Budhwar Singh Aged About 60 Years R/o Village- Salkha P.S. Ratanpur, Tehsil Beltara, District- Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, District- Raipur Chhattisgarh. 2 - The Collector (Land Acquisition Branch) Bilaspur District- Bilaspur (C.G.) 3 - Sub Divisional Officer National Water Management Sub Divisional Bilaspur, District- Bilaspur (C.G.) 4 - Tehsildar Beltara District- Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Shyam Kumar, Advocate For Respondents-State : Mr. Rishabh Bisen, Panel lawyer Hon’ble Justice Shri Parth Prateem Sahu, Judge Order on Board 25.11.2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call the entire record of the case, in the interest of justice. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.26 10:43:40 +0530 2 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authority to give a compensation amount with interest from the year 2018, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit.” 2. Learned counsel for petitioner submits that part of land possessed by petitioner bearing Khasra No. 1086 was under the acquisition proceedings initiated by Collector/respondent no. 2 based on mutual purchase of land. Accordingly, the compensation is computed in name of petitioner of Rs. 4,80,000/- in total. Petitioner was served with a notice dated 11.08.2025 asking him to submit relevant documents as mentioned therein for the purpose of initiating proceeding of payment of compensation so computed. When petitioner approached to authorities pursuant to notice dated 11.08.2025 they refused to accept relevant documents and thereby petitioner is deprived of legitimate compensation against the land computed by competent authority. 3. Learned counsel for State on instructions would submit that in the notice petitioner was given seven days time to submit relevant documents, however petitioner did not approached the concerned authority within that specified time. However, as per his information petitioner much after the period provided for submission of relevant documents approached the concerned authority, therefore, documents were not accepted. 4. I have heard learned counsel for respective parties and perused the documents enclosed along with this writ petition. 5. Be that as it may. It is not a case of filing of any statutory proceedings before any authority but it is a case/ claim of petitioner that land of petitioner which is subject matter of acquisition under the mutual purchase of land Annexure P-1. The competent authority has also computed the compensation and in the show cause notice amount of compensation is mentioned as Rs. 4,80,000/- and petitioner was directed to submit relevant documents so that the compensation so computed can be disbursed in his favor. 3 6. In the aforementioned facts of the case, if for any reason there is delay even in the part of petitioner to submit relevant documents beyond a reasonable period of seven days, the concerned authority ought to have accepted the same and could have processed claim of petitioner for disbursement of compensation so computed by the competent authority. Refusal of same is in the nature of denying amount of compensation against the land possessed by petitioner which is not permissible under the law and the act of respondent authority is arbitrary in nature. 7. For the forgoing discussion, this writ petition at this stage is disposed of directing respondent authority to accept documents to be submitted by petitioner within a further period of three weeks from today and thereafter, to consider the claim of petitioner for disbursement of amount so computed and forming part of notice dated 11.08.2025, in accordance with law. 8. With the aforementioned direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza