1 2025:CGHC:59251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6333 of 2025 1 - Smt. Harawati D/o Shri Jeevan Lal Aghariya W/o Shri Nanda Chaudhary Aged About 75 Years R/o Village - Kunjemura Hunkradeepa, Nanda Auto, Tah Tamnar District Raigarh (C.G.) Through Power Of Attorney Holder Her Son Rishikesh Chaudhary, S/o Shri Nanda Chaudhary, Aged About 49 Years, R/o Village - Gaurhahari, Tah Tamnar, District Raigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhavan, Atal Nagar, Raipur, District Raipur (C.G.) 2 - The Commissioner Bilaspur Division, Bilaspur, District Bilaspur (C.G.) 3 - The Collector (Land Acquisition Branch) Raigarh, District Raigarh (C.G.) 4 - The Sub Divisional Officer (Revenue)/ Land Acquisition Officer Gharghoda, District Raigarh (C.G.) ... Respondents For Petitioner : Mr. Manoj Kumar Sinha, Advocate For State-Respondents : Mrs. Poorva Tiwari, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.06 16:26:38 +0530 2 05.12.2025 1. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That the Hon’ble Court be pleased to call for the entire records in connection of the petitioner’s cases. 10.2 That the Hon’ble Court may be pleased to direct the respondent authorities to consider and decide the pending application dated 15.09.2025 (Ann. P/3) for making payment of compensation amount to the petitioner in reasonable stipulated period. 10.3 That the Hon’ble Court may be pleased to issue a writ of mandamus or any appropriate writ/order directing the respondents to forthwith disburse the compensation amount determined under the Award dated 03.07.2024 (Ann. P/2) in favour of the petitioner; 10.4 That the Hon’ble Court may be pleased to direct the respondent authorities to pay interest on the delayed compensation as per Section 80 of the RFCTLARR Act, 2013. 10.5 Any other order that the Hon’ble Court deems fit and necessary in the circumstances of the case be also passed.” 2. Learned counsel for petitioner submits that the land recorded jointly in the name of Paraslal, Dhan Singh, Sukhmati and Neelkamal Seth was subject matter of acquisition and, accordingly, award was passed by respondent no. 4/Sub-Divisional Officer (Revenue) on 03.07.2024, however, amount of compensation was not disbursed in favour of petitioner or other co-sharers of property till date. Petitioner has submitted a representation before respondent no. 4, however, till date 3 no decision has been taken and, therefore, direction be issued to respondent no. 4 to take decision on the pending application. 3. Learned counsel for the State submits that according to her instructions from concerned authority, land which is subject matter of acquisition is jointly recorded in the name of co-sharers and the grievance of petitioner is that amount of compensation which is to be awarded be disbursed apportioning the compensation separately in favor of all the co-sharers. She further submits that this jurisdiction is not vested with respondent no. 4/ the Land Acquisition Officer but is with the competent authority Civil Court, as envisaged to Section 20 (H) (4) of the Railways Act, 1989. 4. I have heard learned counsel for the respective parties and perused the documents enclosed along with this writ petition. 5. The grievance of petitioner is that he submitted a representation Annexure P/3 dated 15.09.2025 before respondent no. 4/Sub-Divisional Officer (Revenue) which is still pending consideration. Under Section 20(H)(4) of the Railways Act, 1989, it is envisaged that if any dispute arises with regard to apportionment of amount or any part thereof or to any person or to whom the same or any part thereof is payable, the competent authority shall abide decision of the Principal Civil Court of original jurisdiction within the limit of whose jurisdiction the land is situated.The application/representation submitted by the petitioner is still pending consideration before competent authority, therefore, this writ petition at this stage is disposed of directing respondent no. 4 to take decision on the representation submitted by petitioner along with others, keeping in mind provision under Section 20(H)(4) of the Act of 1989, 4 expeditiously, preferably within a further period of 06 weeks from the date of receipt of copy of this Order. 6. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza JUDGE