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2025 DAILYLAW 56564 (CHH)

SAKHARAM KUMHAR v. STATE OF CHHATTISGARH

WPC/6564/2025 · 2025-12-15

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:61115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6564 of 2025 1 - Sakharam Kumhar S/o Anturam Kumhar, Aged About 65 Years R/o Village- Amoda, Tahsil- Hasoud, District Sakti (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 - State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3 - Collector, Sakti, District Sakti (C.G.) 4 - Sub Divisional Officer (R)/ Land Acquisition Officer, Sakti, District Sakti (C.G.) 5 - Executive Engineer, Public Works Department (B/r), Sakti, Division Sakti, District Sakti (C.G.) ... Respondents For Petitioner : Ms. Sangeeta Sahu and Ms. Padmini Kurrey on behalf of Mr. F.S. Khare, Advocate For Respondents : Ms. Upasna Mehta, Dy.G.A. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.17 10:51:02 +0530 2 16 /12/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ/order/direction, directing the respondents to decide the pending representation dated 22.04.2025 (Annexure P/4) and pay the compensation under Land Acquisition Act, 2013 without delay for the land and house of petitioner which has been acquired for construction of Basantpur-Parsada- Ghoghri Road. 10.2 That, if the Hon’ble Court may deem fit and proper may kindly be pleased call for the entire records pertaining to the petitioner’s matter. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is the owner of the land bearing Khasra No. 121/14 admeasuring 0.0160 hectares, situated at Village Amoda, PHN No.15, RNM Hasoud, Tahsil Hasoud, District – Sakti. The maximum part of the land owned by the petitioner of the aforementioned khasra number was affected by the construction of Basantpur- Parsada – Ghoghri Road. However, at the time of initiating proceedings of land acquisition of the other persons, land of the petitioner was not included in the notification and passing of the award of the affected land, the award was passed by the Land Acquisition Officer on 20.01.2017 and thereafter supplementary award was passed on 28.11.2024.. Petitioner has made several oral requests to the authorities, however, it was not not considered and thereafter, petitioner submitted a representation before the Respondents No. 3 3 to 5 on 22.04.2025, however, till date, it has not been considered and no decision has been taken and therefore, direction be issued to the Respondents No. 3 to 5 to consider and take decision on the representation submitted by the petitioner within specified time. 3. On the other hand, learned counsel for the Respondents/State submits that there is an inordinate delay in filing of the writ petition and the representation before the competent authority. He further submits that if the representation is still pending consideration, it will be considered and appropriate orders will be passed in accordance with law. 4. I have heard learned counsel for the parties and also perused the documents placed on record. 5. On due consideration of the submission of counsel for the parties, nature of grievance raised by the petitioner, I find it appropriate to dispose of this writ petition directing the Respondents No. 3 to 5 to consider and take decision on the representation submitted by the petitioner in accordance with law expeditiously, preferably within a further period of 06 months from the date of receipt of copy of the order. 6. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge balram