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2026 DAILYLAW 28148 (CHH)

RAJKUMAR DHURVE v. STATE OF CHHATTISGARH

WPC/6483/2025 · 2026-07-16

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010528952025 2026:CGHC:30474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6483 of 2025 1 - Rajkumar Dhurve S/o Bisru Ram Aged About 41 Years R/o Village- Bakela, P.O.- Kukdur, Block- Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Chief Secretary, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh. 2 - Secretary Water Resource Department, Mantralya, Naya Raipur, District : Raipur, Chhattisgarh. 3 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh. 4 - Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh. 5 - S.D.O. Water Resource Department, Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. 6 - Sub Divisional Officer (Revenue) Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Rajni Soren, Advocate. For Respondent(s)/ State : Mr. Shobhit Mishra, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/07/2026 1. By way of this petition, the petitioner has prayed for following RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 reliefs:- “(i) Issue a writ of mandamus directing the respondents to construct an underground canal below the petitioner's land and thereafter flatten the land so as to not disturb the petitioner's possession over Khasra no 137/12, area 2.0230 hectare, Patwari Halka No. 00009, Village Bakela, RI Pandariya, Tehsil Pndariya, Distt. Kabirdham (C.G.) (ii) Pass any other order the Hon'ble Court may deem fit in the interest of justice.” 2. Learned counsel for the petitioner submits that the present petition has been instituted seeking a direction to the respondent authorities not to undertake construction of a canal over the petitioner's land. It is further submitted that, during the pendency of the present petition, the respondent authorities have decided to acquire the land in question, and proceedings in that regard have already been initiated under the Aapsi Sahmati Se Bhumi Kray Niti (Mutual Consent Land Purchase Policy), 2016. However, despite initiation of the acquisition process, the same has not yet attained finality. Learned counsel further submits that the petitioner would be satisfied if an appropriate direction is issued to the competent authorities to expeditiously conclude the acquisition proceedings in accordance with the said policy, so that the petitioner may receive the benefits flowing therefrom without any undue delay. 3. Learned counsel for the State submits that, since the return itself reflects that the proceedings for acquisition of the land in question 3 have already been initiated by the competent authorities, the State has no objection if appropriate directions be issued for expeditious conclusion of the said proceedings in accordance with law. 4. Having heard learned counsel for the parties and perused the documents available on record. 5. Considering the facts and circumstances of the case, this Court is of the considered opinion that the present petition deserves to be disposed of with a direction to the respondent authorities to expeditiously conclude the proceedings pertaining to the purchase/acquisition of the petitioner's land under the Aapsi Sahmati Se Bhumi Kray Niti (Mutual Consent Land Purchase Policy), 2016. The competent authorities shall pass appropriate orders in respect of the purchase of the petitioner's land after giving reasonable opportunity of hearing to the petitioner, as indicated in their reply/return, strictly in accordance with law. It is further directed that the entire exercise shall be completed as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order. 6. Accordingly, this petition is disposed of with the aforesaid observation and direction. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat