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2025 DAILYLAW 59990 (CHH)

HEMSAGAR v. STATE OF CHHATTISGARH

WPC/1681/2022 · 2025-12-01

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:58349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1681 of 2022 1. Hemsagar S/o Ghasnshyam Patel, Aged About 40 Years R/o Village Kanshidih Tehsil Dabhara District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh 2. Collector Janjgir Champa District Janjgir Champa Chhattisgarh, 3. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer, Dabhra, District Janjgir Champa Chhattisgarh. 4. National Thermal Power Corporation Limited Office At Lara Tehsil Pusour District Raigarh Chhattisgarh. ... Respondents For Petitioner : Mr. Kamal Kishore Patel, Advocate For Respondent No.1 to 3 : Mr. Pranjal Shukla, Panel Lawyer For Respondent No.4 : Mr. Anoorup Panda, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order on Board 02/12/2025 1. Petitioner has filed this writ petition praying for following reliefs:- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.03 17:52:49 +0530 2 “10.1. That this Hon’ble Court kindly be pleased to direct the respondents for payment of compensation on the basis of order passed by Competent Authority vide its order no.134/A.V.A./Bhu-arjan/2022 Dabhara Dated 22.01.2022. 10.2. Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners. “ 2. Learned counsel for respondent No.4 would submit that the order dated 22.1.2022 passed by respondent No.3-SDO for compliance of which a direction is sought by petitioner in this writ petition, is under challenge in a proceeding filed under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 before the learned Additional District Judge, Sakti. He contended that once the order itself is under challenge, writ petition in its form is not maintainable. 3. At this stage, learned counsel for petitioner would submit that as proceeding under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 filed before learned Additional District Judge, Sakti is pending consideration since long, therefore, this writ petition may be disposed of with a direction to concerned authority to conclude said proceeding expeditiously. 3 4. Heard learned counsel for respective parties and perused the documents available in record of writ petition. 5. Considering submissions of learned counsel for respective parties, this writ petition is disposed of with a direction to the learned Additional District Judge, Sakti to conclude the proceeding initiated on application of respondent No.4 under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 in accordance with law expeditiously. Sd/- (Parth Prateem Sahu) Judge roshan/-