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2026 DAILYLAW 24743 (CHH)

MANBODH v. STATE OF CHHATTISGARH

WPC/2790/2023 · 2026-07-02

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:27500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2790 of 2023 1 - Manbodh S/o Jagdev Teli Aged About 50 Years R/o Village Muska, Khairagarh Tahsil Khairgarh District Khairagarh Chhuikhadan Gandai (C.G.) ... Petitioner(s) 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 - State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya Atal Nagar New Raipur District Raipur (C.G.) 3 - Collector Khairagarh Chhuikhadan Gandai District Khairagarh Chhuikhadan Gandai (C.G.) 4 - Sub Divisional Officer (R)/land Acquisition Officer Khairagarh District Khairagarh Chhuikhadan Gandai (C.G.) 5 - Executive Engineer Public Works Department Division Khairagarh District Khairagarh Chhuikhadan Gandai (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Mr. F.S. Khare, Advocate For State :- Mr. Anand Dadariya, Dy. A.G. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order On Board 03.07.2026 1. Learned counsel for the petitioner submits that the petitioner had earlier approached this Court by filing Writ Petition (C) No. 54 of 2022 (Manbodh v. State of Chhattisgarh & Others) on 07.01.2022, wherein this Court passed an order directing the competent authorities to consider the grievance of the petitioner in accordance with law. He further submits that, pursuant to the aforesaid order, a demarcation report dated 18.04.2022 was prepared and submitted before the concerned Tehsildar, Khairagarh. As per the said demarcation report, it was found that a portion of the petitioner's land had been acquired for the construction of the road. It is further submitted that, on the basis of the aforesaid demarcation report, the petitioner submitted a detailed representation/application dated 28.11.2022 before the Collector, the Sub-Divisional Officer (Revenue), and the Executive Engineer, Public Works Department, Khairagarh Division, seeking payment of compensation and appropriate action in accordance with law. However, despite the findings recorded in the demarcation report and notwithstanding the order passed by this Court in the earlier round of litigation, no decision has been taken on the petitioner's representation till date. It is contended that the continued inaction on the part of the respondent authorities has compelled the petitioner to file the present writ petition. 3 2. Learned State counsel submits that respondent Nos. 3 and 4 shall consider and decide the petitioner's case in the light of the order passed by this Court in the earlier round of litigation as well as the demarcation report dated 18.04.2022. It is further submitted that, after due verification of the relevant records and in accordance with law, the competent authorities shall pass an appropriate and reasoned order on the petitioner's representation within a period of 45 days. 3. I have heard learned counsel for the parties and perused the material available on record. 4. Paragraph 4 of the order dated 07.01.2022 passed in WPC No. 54 of 2022 is reproduced hereinbelow:- “4. It is made clear as regards the relief no.10.2, subject to the demarcation being done, if it is found that petitioner's property has been taken over by the Government for construction of the road the petitioner would be at liberty to approach the concerned authority for ventilating his grievance as regards his claim for compensation is concerned.” 5. Considering the aforesaid submission advanced by learned State counsel, and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to respondent Nos. 3 and 4 to consider and decide the petitioner's claim in the light of the order passed by this 4 Court in W.P.(C) No. 54 of 2022, particularly paragraph 4 thereof, as well as the demarcation report dated 18.04.2022. After due verification of the relevant records and after affording an opportunity of hearing to all concerned parties, the competent authority shall pass a reasoned and speaking order with regard to the petitioner's claim for grant of compensation, strictly in accordance with law, within a period of 45 days from the date of receipt of a certified copy of this order. 6. With the aforesaid direction and observation, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha