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2026 DAILYLAW 28686 (CHH)

KALPANA DEY v. STATE OF CHHATTISGARH

WPC/4186/2021 · 2026-07-19

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 CGHC010267562021 2026:CGHC:30796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4186 of 2021 1. Kalpana Dey D/o Late Shree Jatindra Chandra Dey Aged About 55 Years R/o Ward No. 17, Near Circus Ground, Manendragarh District Koriya (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh 2. Smt. Jaya Dey W/o Late Shree J. D. Dey Aged About 45 Years R/o Ward No. 17, Near Circus Ground, Manendragarh District Koriya (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh ... Petitioners versus 1. State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Naya Raipur District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2. Collector Koriya, Baikunthpur (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh 3. Sub Divisional Officer And Land Acquisition Officer Manendragarh, Koriya Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh ... Respondents For Petitioners : Mr. Parag Kotecha, Advocate with Ms. Priyanka Pathak, Advocate For Respondents : Mr. Atanu Ghosh, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20/07/2026 1. Petitioners have filed this writ petition seeking following reliefs. “10.1 To direct the respondent authorities to initiate land acquisition proceedings over land bearing khasra No. 99/1/ ‘/2 admeasuring 0.041 hectare (4417 sqft/410/52 sq mtr/10.13 dismal/0.10 acre) situated at state highway from Imligolai to Lalpur, Tahsil Manendragarh District Koriya, C.G. and grant compensation in accordance with the law. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 10.2 To direct the respondent authorities to pay interest at the rate of 15% from the date of using land till the date of disbursement of award amount. 10.3 Any other relief which the Hon’ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may awarded in favour of the petitioner.” 2. Learned counsel for petitioners submits that the petitioners are the title holder of the land bearing khasra No. 99/1/घ measuring 0.041 hectare based on the registered sale deed executed in their favour on 15.09.2015. When petitioners went on the land so purchased for construction of their house, they saw that the Government authorities have started digging the land of petitioners and upon enquiry they were informed that canal is being constructed through the aforementioned land. Respondents-authorities have started construction without giving any information to petitioner in this regard or initiating any proceedings of acquisition of land. He contended that in the revenue record also name of petitioners is mutated and if for any reason, the State authorities are in need of piece of land owned by petitioners then they ought to have initiated proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “Act of 2013”). No such proceedings have been initiated. 3. On the other hand, learned State counsel submits that he may be granted two weeks’ time to file reply. 4. I have heard learned counsel for the parties and also perused documents enclosed along with writ petition. 5. Annexure P-1 is a registered sale deed executed by one Sugreev in favour of petitioners. In Annexure P-1, there is order of Collector dated 31.08.2015 in which permission to sale the land in favour of petitioners to Sugreev has been granted and the sale deed was executed on 15.09.2015 thereafter. 3 / 3 Petitioners thereafter had submitted an application under Section 27 of the Act of 2013 before Respondent No. 3. 6. In the aforementioned facts of the case, instead of keeping this writ petition pending before this Court, I find it appropriate to dispose of this writ petition permitting the petitioners to submit representation before Respondents No. 1 to 3 pleadings all the facts as pleaded in this writ petition as also the reliefs as sought for. In the event, petitioners submit such a representation, Respondents No. 1 to 3 shall consider and take decision on the same in accordance with law within a further period of 4 months from the date of receipt of representation. If upon consideration of representation to be submitted by petitioners, respondents-authorities come to the conclusion that the land purchased and owned by petitioners had been used for the purpose of construction of canal then appropriate proceedings for compensation be initiated, if they are entitled for the same, in accordance with law at the earliest. 7. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) pwn JUDGE