1 2026:CGHC:8361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 682 of 2026 Sunil Kumar Suman S/o Jagwat Aged About 47 Years R/o Vill- Kirari, Tahsil- Masturi, Dist.- Bilaspur (C.G.) ... Petitioner. Versus 1. State Of Chhattisgarh Through Its Secretary, Revenue And Disaster Management Department, Secretariat At Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist.- Raipur (C.G.) 2. State Of Chhattisgarh Through Its Secretary, Public Works Department, Secretariat At Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist.- Raipur (C.G.) 3. Collector Bilaspur, Dist. Bilaspur (C.G.) 4. Sub Divisional Officer (Revenue) And Land Acquisition Officer Masturi, Dist.- Bilaspur (C.G.) 5. Executive Engineer Public Works Department, Division No-1, Bilaspur, Dist.- Bilaspur (C.G.) ... Respondents. (cause title downloaded from CIS Periphery) For Petitioner : Mr. Jai Prakash Shukla, Advocate. For Res/State : Mr. Saumitra Kesharwani, Panel Lawyer. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 17/02/2026 1. This Writ Petition under Article 226 of the Constitution of India has been filed for the following reliefs:- Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.02.18 10:32:08 +0530 2 "10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2 That the Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari/prohibition/mandamus, directing the respondent authorities to pay compensation of acquired land, after fair assessment and further to direct them to decide comprehensive representation dated 23/27-01-2026 pertaining to claim of compensation with applicable interest in lieu of petitioner's acquired land, in accordance with law, within stipulated time period and further to pass any order which deems fit including cost of the petition in the interest of Justice." 2. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of land bearing Khasra No. 94/4, measuring 0.385 hectares, situated at Village Pathartal, Patwari Circle No. 33, Tahsil Masturi, District Bilaspur. Between the years 2023-24, a portion of the petitioner’s land was acquired by the respondent Authorities for the construction of the Tikari- Pathartal road, however no compensation has been paid to the petitioner till date. He further submits that the petitioner submitted representation (Annexure-P/5) before Respondents No.3 & 4 on 23.01.2026 and 27.01.2026, yet his grievance has not been redressed. He also contends that similarly situated persons have already been granted compensation in lieu of their land. In view of such submission, the petitioner prays for the disposal of this petition with a direction to the concerned Authorities (Respondents No.3 & 4) to decide the pending representation (Annexure-P/5) expeditiously within a stipulated time-frame. 3. On the other hand, learned State counsel submits that, as per Form-10 (Page 20 of the Petition), the petitioner is not the sole owner of the subject land 3 (Khasra No. 94/4). Rather, his two brothers, namely Arvind Kumar and Lal Kumar (both sons of Jagwat), also have possession of the said land. However, he submits that the representation (Annexure-P/5) of the petitioner shall be decided expeditiously by the concerned authorities in accordance with the law. 4. Heard learned counsel for the parties and perused the material placed with the petition. 5. The right to property is a constitutional right as enunciated under Article 300A of the Constitution of India, which mandates that no person shall be deprived of his property without following due process of law. If the subject land of the petitioner has been utilized by the respondent authorities for the construction of a road, despite that his brothers' names are also mentioned in Form-10 (Page 20), the petitioner is indeed eligible for compensation for the acquisition of the said portion of land. Furthermore, whether the petitioner alone is entitled to receive the compensation shall be determined by the competent authority in accordance with the applicable rules and law. 6. However, at this juncture, considering the limited relief sought by the petitioner, this petition is disposed of with a direction to Respondents No. 3 and 4 to decide the petitioner’s representations (Annexure-P/5) dated 23.01.2026 & 27.01.2026 expeditiously, preferably within a period of 60 days from the date of receipt/submission of a copy of this order. Further, if it is found that any portion of the petitioner’s land has been utilized by the Authorities for the construction of the road, compensation shall be granted to him for such acquisition in accordance with the applicable laws/rules. 4 7. It is made clear that this Court has not expressed any opinion on merits of the case and the concerned Authorities shall decide the case/representation of the petitioner in accordance with law. 8. With the aforesaid direction and observation, this petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay