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2026 DAILYLAW 13326 (CHH)

RIKHI SINGH v. STATE OF CHHATTISGARH

WPC/813/2026 · 2026-02-23

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:9579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 813 of 2026 Rikhi Singh S/o Late Shivram Singh Aged About 70 Years R/o Village- Muska Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur C.G. 2 - Collector Khairagarh Chhuikhadan Gandai, District Khairagarh Chhuikhadan Gandai C.G. 3 - Sub Divisional Officer (R) Khairagarh District Khairagarh Chhuikhadan Gandai C.G. 4 - Tahsildar Khairagarh District Khairagarh Chhuikhadan Gandai C.G. 5 - Executive Engineer Public Works Department, Division Khairagarh, District Khairagarh Chhuikhadan Gandai C.G. ... Respondents For Petitioner : Ms. Nilu Singh, Advocate For Respondents/State : Mr. Anand Dadariya, Dy. Advocate General (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 24.02.2026 1. The petitioner has preferred this petition under Article 226 of the Constitution of India, seeking following relief(s):- “10.1 That the Hon'ble court kindly be pleased to issue a direction to issue an order directing the respondent no. 4 BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.25 17:38:16 +0530 2 to accept the application for demarcation and take prompt action for demarcation of lands of the petitioner within stipulated period which may be fixed by this Hon'ble Court. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondents that after demarcation, if it is found that the land of petitioner is acquired then provide the fair compensation in accordance with law to petitioner within a period which may be fixed by this Hon'ble Court. 10.3 That, the Hon'ble court may kindly be pleased to call for the records for its kind perusal which relates to petitioner matter. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner is the recorded owner of land bearing Khasra No.298/1 area 0.1940 hectare situated at village Muska PHN 29 RNM Pandadah Tahsil Khairagarh, Distt. Khairagarh-Chhuikhadan-Gandai (CG). She further submits that aforesaid land of the petitioner has been acquired by respondent No.5 in the year 2017- 18 for construction of Khairagarh-Deori road, but compensation has not been paid till date. Since the land was acquired, the extent of land which was acquired was required to be demarcated. Therefore, the petitioner filed application before Tahsildar, Khairagarh, however the same was not received by the Tahsildar. Consequently, the petitioner made an application to the Collector, Distt. Khairagarh-Chhuikhadan-Gandai, despite that the grievance of the petitioner has not been redressed. Learned counsel further submits that after demarcation issue can be settled that how much land of the petitioner has been acquired. She further submits that at this stage, this petitioner may be given liberty to make application before the Tahsildar, 3 Khairagarh/respondent No.4, so that land can be demarcated to know how much land is acquired, if any. 3. Learned counsel for the State submits that he has no objection to allow the limited prayer of the petitioner. 4. Considering the submission made that application for demarcation is filed under the Land Revenue Code, but the same was not received by the Tahsildar, who is duty bound to receive the same. It is obvious that no one can be deprived of his lawful right to hold the property without due course of law and if the land is acquired then they are entitled for compensation according to the law of the land. 5. In the facts circumstances of the case, it is directed that the petitioner, if files an application before the Tahsildar, Khairagarh/respondent No.4 for the demarcation of the land, the same would be received by the Tahsildar, and further demarcation be carried out within two months from the date of receipt of the application of the petitioner. Thereafter, if it is found that the land of the petitioner has been acquired for the purpose of construction of road then suitable measure would be taken by the Collector to grant compensation in accordance with law. 6. With aforesaid observation, this writ petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini