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2026 DAILYLAW 28425 (CHH)

DEV KUMAR v. STATE OF CHHATTISGARH

WPC/4047/2022 · 2026-07-21

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010298762022 2026:CGHC:31229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4047 of 2022 1 - Dev Kumar S/o Narayan Prasad Aged About 20 Years R/o Village Bilaigarh Tahsil -Dabhara District Sakti, Chhattisgarh, Chhattisgarh (In the compensation chart name of the mother of petitioner Kuntila is mentioned who is died hence the legal heir son Dev Kumar is filing instant petition) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan, District : Raipur, Chhattisgarh 2 - Collector Sakti , District Sakti, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Dabhara District Sakti, Chhattisgarh 4 - Executive Engineer (W. R. D. ) Kamla Barrage, Raigarh Division Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Amit Kumar Soni appears on behalf of Shri Kamal Kishore Patel, Advocates. For Respondent(s) : Shri SS Choubey, GA. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/07/2026 1. This Writ Petition has been filed for the following reliefs:- 10.1 That this Hon'ble court kindly be pleased to direct the respondent authorities for taking decision on petitioners claim under Section 80 of Act 2013 in light of the judgment laid down by Hon'ble Supreme Court in the matter of GAYABAI DIGAMBAR PURI (DIED) THR. LR VERSUS THE AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.23 17:57:46 +0530 2 EXECUTIVE ENGINEER & ORS decided on 03/01/2022. 10.2 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 petitioner is owner of land bearing Khasra No.131/12, 132/12, 133/12, 134/12 admeasuring area 0.078 hectare situated at village Bilaigarh, Tehsil Dabhara District Sakti which were acquired for Kalma Bairaj construction vide award dated 28.01.2021 passed in land acquisition case No.01/A-82/2017-18 passed by the Land Acquisition Officer, Dabhara. He submits that so far as his grievance which relates to interest part is concerned, he has already moved an application under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 before the competent authority, which is pending consideration. He submits that this Writ Petition may be disposed of while directing the concerned authority to decide the application of the petitioner under Section 80 of the Act of 2013 within a stipulated period of time. 3. Learned counsel for the respondent State submits that he is having no objection with regard to the limited prayer made by the petitioner. 4. Considering the limited prayer made by the petitioner that his application under Section 80 of the Act of 2013 is pending before concerned authority, this Writ Petition is disposed of with a direction the concerned authority to consider and decide the application of the petitioner under Section 80 of the Act of 2013 by passing appropriate orders in accordance with law preferably within a period of 60 days from the date of receipt of copy of this order. 5. It is made clear that this Court has not expressed any opinion on the merits 3 of the case and concerned authority shall decide the application of the petitioner on its own merits in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Avinash