1 2026:CGHC:14032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1285 of 2026 1 - Raju Tamboli S/o Bhagwat Tamboli Aged About 38 Years R/o Village Chhuikhadan, Tahsil Chhuikhadan, District- Khairagarh-Chhuikhadan-Gandai (Cg) 2 - Vipendra Tamboli S/o Bhagwat Tamboli Aged About 35 Years R/o Village Chhuikhadan, Tahsil Chhuikhadan, District- Khairagarh-Chhuikhadan-Gandai (Cg) --- Petitioners versus 1 - State Of Chhattisgarh Through Secretary,department Of Urban Administration Development, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (Cg) 2 - Collector District- Khairagarh-Chhuikhadan-Gandai (Cg) 3 - Chief Municipal Officer Nagar Panchayat, Chhuikhadan, Tahsil Chhuikhadan, District- Khairagarh-Chhuikhadan-Gandai (Cg) --- Respondents For Petitioners : Mr. Ankur Diwan, Adv. For Respondents No. 1 and 2 : Dr. Arham Siddiqui, Panel Lawyer. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 24-3-2026 1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- “10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case from the respondents. 10.2 That, the Hon'ble Court may kindly be pleased to issue appropriate writ by quashing/setting aside the order AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.03.27 10:52:25 +0530 2 dated 20.10.2023 (ANNEXURE P/1) passed by the respondent no.3 & direct the respondent no.3 to release the compensation amount of the already constructed CC road on khasra No. 197/3. 10.3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioners submits that, petitioners are recorded owner of the land bearing Khasra No. 197/3 area 0.137 hectare, situated at village Chhuikhadan. Over some portion of aforesaid land, CC road has been constructed by respondent No. 3. He further submits that, in compliance of order Annexure P-6 dated 27-7- 2023 passed by this Court in WPC No. 3354/2023, the petitioners filed a representation but the same has been rejected by respondent No. 3 vide impugned order Annexure P-1 dated 20-10-2023. He further submits that, since CC road has been constructed over the land of the petitioners without following due process of law and without paying compensation, therefore, this writ petition may be disposed of granting liberty to the petitioners to file appropriate application before the respondent No. 2/ Collector, Distt. Khairagarh-Chhuikhadan-Gandai (in short, referred to as ‘KCG’), who may be directed to decide the same within stipulated time. 3. Learned counsel for the State has no objection to allow above limited prayer. 4. Though property right is not a fundamental right, but still it is a constitutional right under Article 300A of the Constitution of India, as 3 such, nobody can be deprived of his property without following due process of law and without paying compensation and other benefits as per the prevailing laws, rules and guidelines. 5. In the instant case, it seems that CC road has been constructed over private land of petitioners without following due process of law and no compensation has been paid for the same. Therefore, having considered the limited prayer made by learned counsel for the petitioners, this petition is disposed of at this stage, granting liberty to them to file appropriate application before the respondent No. 2/Collector, Distt. KCG within a period of 30 days from today. It is further directed that in the eventuality of filing such application, the respondent No. 2 shall get demarcated the land and if it is found that, the land of the petitioners has been utilized for construction of CC road, then appropriate proceeding be initiated in accordance with law to provide compensation and other benefits to them, available under the law. Aforesaid proceedings be carried out within an outer limit of six months from the date of filing of representation by the petitioners. 6. With the aforesaid observations and directions, this petition is disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak