1 2026:CGHC:20925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4262 of 2022 Yusuf Khan S/o Nazaruddin Aged About 45 Years R/o Village Devpura, Tehsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Public Department Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhat- tisgarh 2 - Collector District Kabirdham, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh 4 - Executive Engineer Cum Member Secretary Project Implementation Unit, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Tarendra Kumar Jha and Mr. Parth Kumar Jha, Advocates For State/Respondents : Mr. Shobhit Mishra, Dy. Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 05.05.2026 1 By filing the present petition, the petitioner has prayed for following relief(s) :- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to this case. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.05.05 18:45:45 +0530 2 10.2 That, this Hon'ble Court may kindly be pleased to allow this petition and direct the respondents to make payment of Rs. 1224210/- in compliance of Hon’ble High Court order dated 31.07.2019 in WPC No. 2607/2019 with 18% of interest from the date of acquisition of land of the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to allow this petition and award a compensation of Rs. 5 lakhs from the respondents for the difficulties and hardship faced by the petitioner on account of willful disobedience of court order.” 2 Learned counsel for the petitioner submits that the present petition has been necessitated due to the continued inaction and non- compliance on the part of the respondent authorities in implementing the order dated 31.07.2019 passed in WPC No.2607/2019, whereby a categorical direction was issued to release the compensation amount within a stipulated period of 10 days. It is contended that despite clear judicial mandate, the respondents failed to disburse the compensation, compelling the petitioner to initiate contempt proceedings, which are still pending consideration. It is further submitted that the petitioner’s land was acquired for construction of a bridge and the awarded amount had already been deposited by the Executive Engineer before the Collector, Kabeerdham. However, due to administrative apathy and unjustified delay on the part of the Collector and Sub-Divisional Officer, the petitioner has been deprived 3 of lawful compensation for a considerable period, causing severe financial hardship. 3 Learned counsel contends that such prolonged withholding of compensation is not only arbitrary but also violative of the petitioner’s constitutional right to property, and therefore, the petitioner is entitled to interest on the delayed payment. It is argued that the respondents are liable to pay interest at the rate of 18% on the compensation amount from the date it became due till actual payment, in view of settled principles that delay in payment of compensation must be adequately restituted. It is further urged that apart from interest, the petitioner is also entitled to additional compensation of ₹5,00,000/- towards the mental agony, financial distress and hardship suffered due to the deliberate and negligent conduct of the respondent authorities in failing to comply with the order of this Court. It is thus prayed that appropriate directions be issued for payment of interest along with compensation, so as to ensure complete and effective enforcement of the earlier order passed by this Court. 4 On the other hand, learned State counsel submits that the present petition is not maintainable in view of the availability of an alternative efficacious remedy. It is contended that the petitioner, instead of invoking the writ jurisdiction of this Court, ought to pursue appropriate proceedings in accordance with law for execution/enforcement of the order dated 31.07.2019, including the pending contempt petition. It is further submitted that the claim for interest and additional compensation involves disputed questions 4 and requires adjudication before the competent forum, and therefore, the writ petition is liable to be dismissed on this ground alone. 5 I have heard learned counsel for the parties and perused the material available on record. 6 Upon consideration, it is evident that the petitioner had already approached this Court earlier by filing WPC No. 2607/2019, wherein appropriate directions were issued for release of compensation, and for alleged non-compliance thereof, a contempt petition is also stated to be pending. In such circumstances, the petitioner has an effective and appropriate remedy available for enforcement of the said order. 7 In view of the availability of such alternative efficacious remedy and the fact that the present petition essentially seeks enforcement of the earlier order, this Court is not inclined to entertain the present writ petition. The same is accordingly held to be infructuous and stands disposed of, leaving it open to the petitioner to pursue remedies available in accordance with law. 8 No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh