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2026 DAILYLAW 24294 (CHH)

KARTIKESHWAR v. STATE OF CHHATTISGARH

WPC/3256/2026 · 2026-06-30

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:26725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3256 of 2026 1 - Kartikeshwar S/o Jagdish Aged About 55 Years 2 - Harishankar S/o Jagdish Aged About 50 Years 3 - Gulab S/o Jagdish Aged About 60 Years 4 - Ahilya D/o Jagdish Aged About 53 Years. All are R/o Kabaripali , Tehsil Dabhara, District- Sakti, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Mantralaya, Mahanadi Bhavan , Atal Nagar, New Raipur Chhattisgarh 2 - Collector District - Sakti Chhattisgarh 3 - Sub Divisional Officer Dabhara, District - Sakti Chhattisgarh 4 - Executive Engineer Water Resource Department, Division Janjgir- Champa, Head Office Champa , District- Janjgir- Champa Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Pranjal Agrawal, Advocate. For Respondent(s) : Shri Soumitra Kesharwani, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/07/2026 1. Heard. 2. This petition has been preferred by petitioners under Article 226 of the AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.02 11:12:02 +0530 2 Constitution of India seeking following reliefs:- “10.1 That, this Hon’ble Court kindly be pleased to direct the respondents for deciding the representation of the petitioner and for conducting spot inspection of the subject land and once it is found that land is coming submergence then respondents may be directed to pay the compensation within stipulated time. 10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 3. Learned counsel for the petitioners submits that the petitioners are the owner of land bearing Khasra Nos.241/2, 262/7 admeasuring area 0.1340 and 0.0280 hectares respectively, situated at Village Kabaripali, Tahsil Dabhra, District Sakti (CG). It is further submitted that after construction of the Ghatoi Dam, a portion of the petitioners’ agricultural land has come under the submergence area of the said Dam. However, no acquisition proceedings have been drawn with respect to the petitioners’ land falling under the submergence area. Therefore, it is prayed that at this stage liberty may be granted to the petitioners to file a fresh representation for redressal of their grievances, and a direction be issued to the respondent authorities (respondents No.2 & 3) to decide the representation, initiate acquisition proceedings, and grant compensation to the petitioners. 3 4. Learned State counsel submits that the present petition may be disposed of with appropriate direction. 5. Having considered the limited prayer made by counsel for petitioners, without entering into the merits of the case, this petition is disposed of granting liberty to the petitioners to file a fresh representation before respondent authorities along with all necessary documents and a copy of this order, within a period of 15 days from today. In the eventuality of filing such representation by the petitioners, the respondent authorities are directed to get demarcated the subject land of petitioners within a further period of 45 days from the date of filing of representation, and if it is found that the said land of petitioners has come in submergence/affected area of the said Dam, then appropriate proceedings be initiated for grant of compensation to the petitioners. 6. The aforesaid proceedings with regard to acquisition and grant of compensation be concluded within a further period of 90 days from the date of demarcation of aforesaid land of petitioners. 7. With the aforesaid observations and directions, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash