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2026 DAILYLAW 12413 (CHH)

BABU LAL KASHYAP v. STATE OF CHHATTISGARH

WPC/1400/2026 · 2026-03-29

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:14754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1400 of 2026 Babu Lal Kashyap S/o Chaitram Kashyap, Aged About 75 Years R/o Village Karhi Tahsil Hasoud District Sakti (Chhattisgarh) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan , Atal Nagar, Naya Raipur, Distt. Raipur (Chhattisgarh) 2 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (Chhattisgarh) 3 - Collector, Sakti Distt. Sakti (Chhattisgarh) 4 - Sub Divisional Officer (R)/ Land Acquisition Officer, Sakti, Sakti (Chhattisgarh) 5 - Executive Engineer Hasdev Nahar Jal Prabandh Sambhag Janjgir, Water Resources Department, Distt. Janjgir- Champa (Chhattisgarh) ... Respondents For Petitioner : Ms. Mamta Mahilange, Advocate For Respondents/State : Mr. Sabyasachi Choubey, Govt. Advocate and Mr. Soumitra Kesharwani, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 30.3.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.01 17:41:09 +0530 2 10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/order/direction, directing the respondents to decide the pending representation dated 13.01.2026 (P-3) and pay the compensation under Land Acquisition Act 2013 without delay to the petitioner for the land of petitioner which has been acquired for construction of Karhi Minor Canal. 10.2 That, if the Hon'ble Court may deem fit and proper may kindly be pleased to call for the entire records pertaining to petitioner's matter. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 2. Learned counsel appearing for the petitioner submits that the petitioner is recorded owner of the land bearing Khasra No. 357/2, area 0.34 acres situated at Village Karhi, PHN 10, RNM Hasoud, Tahsil Hasoud, Distt. Sakti (CG). It is further submitted that the maximum part of the land owned by the petitioner of the aforementioned khasra number was affected by the construction of Karhi minor canal. However, at the time of initiating proceedings of land acquisition of the other persons, land of the petitioner was not included in the notification and passing of the award of the affected land, the award was passed by the Land Acquisition Officer on 31.03.2003. It is further contended that the petitioner has made several oral requests to the authorities, but the same was not considered and, thereafter, the petitioner filed a representation (Annexure-P/3) before the respondents No. 3 to 5 on 13.01.2026, however, till date, no decision has been taken on the said representation and, therefore, a direction be issued to the Respondents No. 3 to 5 to consider and take appropriate decision on the representation filed by the petitioner within a specific time frame. 3 3. Per contra, learned counsel for the Respondents/State submits that there is an inordinate delay in filing of the writ petition and the representation before the competent authority. He submits that if the representation is still pending consideration, it will be considered and appropriate orders will be passed in accordance with law. 4. Heard learned counsel for the parties and perused the material available on record. 5. On due consideration of the submission of counsel for the parties, nature of grievance raised by the petitioner, I find it appropriate to disposed of this writ petition directing the respondents No. 3 to 5 to consider and take decision on the representation dated 13.01.2026 (Annexure-P/3) filed by the petitioner, in accordance with law expeditiously preferably within a period of six months from the date of receipt / submission of copy of this order. 6. With aforesaid observation and direction, this petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini