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2026 DAILYLAW 10461 (CHH)

JOHAN v. STATE OF CHHATTISGARH

WPC/1458/2019 · 2026-04-26

Shri Parth Prateem Sahu

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Judgment text

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1 2026:CGHC:19491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1458 of 2019 1 - Johan S/o Mohar Sai Aged About 79 Years R/o Village Salhi, Police Station And Tahsil Udaypur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner, Surguja Division, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - Collector, District Surguja, Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - Sub Divisional Officer (R) - Cum - Land Acquisition Officer, Sub Division Udaypur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Tahsildar, Tahsil - Udaypur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 6 - Secretary, Gram Panchayat Salhi, Tahsil - Udaypur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 7 - (Deleted) Director, Surguja Rail Corridor Pvt. Ltd. As Per Hon'ble Court Order Dated 02-04-2025. 7.1 - (A) Adani Tracks Management Services Limited Through Its Managing Director, Adani Corporate House, Shantigram, Near Vaishno Devi Circle, S.G. Highway Khodiyar, Ahmadabad, Gujrat- 382421. 8 - Dev Prasad S/o Rupan Sai, Aged About 52 Years R/o Village Salhi, Police Station And Tahsil - Udaypur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh. -- Respondent(s) BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 (Cause title is taken from CIS system) For Petitioner : Mr. Kishore Narayan, Advocate For Respondents/State : Mr. Suyash Dhar Badgaiya, G.A. For Respondent No.7-A : Mr. Shailendra Shukla, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 27/04/2026 1. Learned State counsel submits that as of now the relief as claimed for by petitioner in this writ petition for disbursement of amount of compensation in his favour could not be granted. He submits that in the order dated 12.06.2020, Tahsildar has recorded a finding that since the land bearing Khasra No. 47/5 is a government land bearing 1.213 hectares and since last about 28 years, petitioner is not in possession of the said land. The Tahsildar has also recorded a finding that petitioner failed to prove by way of evidence that petitioner is in possession of the said land and that petitioner has got the government land on patta, thereafter, directed to correct the revenue entries recorded in the name of petitioner except for the part of the land which is already acquired for the purpose of laying the railway line. 2. Learned counsel for petitioner submits that the order of the Tahsildar is put to challenge in an appeal before the Sub-Divisional Officer (R), which is pending consideration. He submits that in view of the objection raised by the State, he may be permitted to withdraw this petition with liberty to repeat the prayer after decision of the revenue case. He however, submits that the appeal filed before the Sub- Divisional Officer (R), is pending since long, therefore, direction be 3 issued to Sub-Divisional Officer (R) to conclude the hearing of the appeal at the earliest within specified time frame. 3. Learned counsel for respective respondents submits that they are having no objection to the limited prayer made by learned counsel for petitioner. 4. In view of the above submission made by learned counsel for respective parties, this writ petition at this stage is disposed of reserving liberty to petitioner to file appropriate proceedings upon decision in the appeal bearing Case No. 202604021900024/A-6-A/25- 26, pending before the Sub-Divisional Officer, Udaypur, District – Sarguja (C.G.). 5. Considering the fact that appeal is pending before the Sub-Divisional Officer (R) since long, the concerned authority is directed to consider and take decision on the pending appeal in accordance with law expeditiously upon receipt of the copy of this order. 6. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram