Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 23869 (CHH)

FAHIM AKHTAR v. STATE OF CHHATTISGARH

WPC/3143/2026 · 2026-06-24

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:26073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3143 of 2026 1 - Fahim Akhtar S/o Shrishamim Akhtar Ansari Aged About 54 Years R/o 143 Budhwaripara, Ward No. 19 Dongargarh, Dist. Rajnandgaon, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Revenue And Disaster Management, Mantralaya, Naya Raipur, Raipur Chhattisgarh. 2 - Engineer -In-Chief, Public Works Department, Sector 19, Atal Nagar Naya Raipur, District Raipur C.G. 3 - Divisional Commissioner, Durg Division, Dist Durg , C.G. 4 - Collector Rajnandgaon District Rajnandgaon, C.G. 5 - Executive Engineer, Public Works Department (B/r) Division,rajnandgaon District Rajnandgaon, C.G. 6 - Sub Divisional Officer, Public Works Department (B /r) Division,rajnandgaon District Rajnandgaon, C.G. ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Adul Wahab Khan, Advocate along with Mr. Abdul Moin Khan, Advocate. For Respondent(s)/State : Mr. Abhishek Gupta, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/06/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1. That, the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the Land Acquisition for Project for construction of Parikrama Path, Dongarra. 10.2. That, the Hon'ble Court may kindly be pleased to direct the to consider and decide the respondent authority representation (Annexure P3) of the petitioner after giving proper opportunity and hearing to him. 10.3. That, the Hon'ble Court may kindly be pleased to pass an order to set aside / quash the memorandum / letter dated 13.05.2026 (Annexure P2) and to cancel / quash the proceedings of petitioner's land acquisition, in the interest of justice. 10.4. That, the Hon'ble Court may kindly be pleased to direct the respondent authority not to take any coercive action against the petitioner / initiate any proceedings to acquire the land of the petitioner before deciding his representation. 3 10.5. That, the Hon'ble Court may kindly be pleased to direct the respondent authority to utilize the government land available for the purpose of project, instead of acquiring the private land of the petitioner. 10.6. That, the Hon'ble Court may kindly be pleased grant any other relief or reliefs to the petitioner which the Hon'ble Court dims fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that a proposal was issued vide Memo dated 13.05.2026 in respect of the land proposed to be purchased through mutual consent (आपसी सीहमति सी क्रय-ति क्रय) under the year 2023, wherein the compensation/rate payable for the land in question was assessed and duly communicated to the petitioner. It is submitted that, upon receipt of the said communication, the petitioner, being dissatisfied with the determination of the rate and valuation of the land, preferred a detailed objection/representation before the competent authority, namely, the Collector, Rajnandgaon (C.G.), on 11.06.2026. Learned counsel further submits that despite the lapse of a reasonable period, the said objection is still pending consideration and no decision has been taken thereon till date. It is, therefore, prayed that this Court may be pleased to direct the concerned respondent authorities, particularly the Collector, Rajnandgaon, to 4 consider and decide the petitioner's objection expeditiously in accordance with law. 3. On the other hand, learned counsel appearing for the State submits that the petitioner has preferred the objection only on 11.06.2026, which is presently under consideration before the competent authority. It is submitted that the said objection shall be considered and decided strictly in accordance with law within a period of fifteen (15) days from the date of receipt of a certified copy of this order. Learned State counsel further submits that he shall also communicate the present order to the Collector, Rajnandgaon, by sending an appropriate written communication so as to ensure its prompt compliance. 4. Having heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and further taking into consideration the limited nature of the relief sought by the petitioner, this Court deems it appropriate to dispose of the present petition with a direction that the petitioner shall appear before the Collector, Rajnandgaon, within a period of fifteen (15) days from the date of receipt of a certified copy of this order, if not already appeared. Upon such appearance, or in the event the objection already filed by the petitioner is pending consideration, the Collector, Rajnandgaon, shall consider and decide the petitioner's objection by passing a reasoned and speaking order, 5 strictly in accordance with law, within a further period of fifteen (15) days, after affording the petitioner an adequate opportunity of hearing, if so required under law. 6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat