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2026 DAILYLAW 29526 (CHH)

RAMESH SINGH RATHORE v. STATE OF CHHATTISGARH

WPC/3277/2023 · 2026-07-21

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010234912023 2026:CGHC:31308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3277 of 2023 1 - Ramesh Singh Rathore S/o Shri Shobharam Rathore Aged About 54 Years R/o Village- Dindol, Patwari Halka No. 23 R.N.M. Lormi, Thana And Tahsil - Lormi, District : Mungeli, Chhattisgarh. 2 - Smt. Nema Devi Rajpur W/o Shri Sonsingh Rajput Aged About 43 Years R/o Ward No. 2 Kundrapara Lormi, Patwari Halka No. 23 R.N.M. Lormi, Thana And Tahsil - Lormi, District : Mungeli, Chhattisgarh. 3 - Smt. Anita Rajput W/o Shri Lakhan Lal Rajput Aged About 45 Years R/o Ward No. 6 Lormi, Patwari Halka No. 23 R.N.M. Lormi, Thana And Tahsil - Lormi, District : Mungeli, Chhattisgarh. 4 - Smt. Lalita Rajput W/o Shri Harish Chandra Rajput Aged About 46 Years R/o Village- Vicharpur, Post - Sukali, Patwari Halka No. 23 R.N.M. Lormi, Thana And Tahsil - Lormi, District : Mungeli, Chhattisgarh. 5 - Kumari Vaishnav W/o Shri Ramesh Kumar Vaishnav Aged About 52 Years R/o Village- Dindol, Patwari Halka No. 23 R.N.M. Lormi, Thana And Tahsil - Lormi, District : Mungeli, Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Naya Raipur Atal Nagar, Raipur, District : Raipur, Chhattisgarh. 2 - Chhattisgarh Public Works Department Through Its Secretary, Nirman Bhawan, Capital Complex, Naya Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh. 3 - Collector Mungeli, District : Mungeli, Chhattisgarh. 4 - Sub - Divisional Officer (R) And Land-Acquisition Officer Lormi, District- Mungeli (A.D.B. Project), Chhattisgarh Road Development Project, Public Works Department Lormi, District : Mungeli, Chhattisgarh. 5 - Tahsildar Lormi Distt. - Mungeli, C.G. --- Respondent(s) WPC No. 3351 of 2023 1 - Smt. Shiv Bai W/o Shri Ghanshyam Singh, Aged About 45 Years R/o Village Vicharpur, Patwrai Halka No. 23 Rnm Lormi, Thana And Tahsil Lormi, District Mungeli (Chhattisgarh). ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District Raipur (Chhattisgarh). 3 2 - Chhattisgarh Public Works Department Through Its Secretary, Nirman Bhawan, Capital Complex, Naya Raipur, Atal Nagar, Raipur, District Raipur (Chhattisgarh). 3 - Collector Mungeli, District Mungeli (Chhattisgarh). 4 - Sub Divisional Officer (R) And Land Acquisition Officer, Lormi, District Mungeli (A.D.B. Project), Chhattisgarh Road Development Project, Public Works Department Lormi, District Mungeli Chhattisgarh. 5 - Tahsildar Lormi, District Mungeli (Chhattisgarh). --- Respondent(s) WPC No. 3347 of 2023 1 - Smt. Shobha Devi Gupta W/o Shri Janaklal Gupta Aged About 70 Years R/o Village- Lormi Bharpara, Ward No. 4, Thana And Tahsil - Lormi, District : Mungeli, Chhattisgarh. 2 - Manoj Kumar S/o Shri Motilal Kashyap Aged About 40 Years R/o - Mungeli Road Lormi, Near Gurudwara, Thana And Tahsil- Lormi, District : Mungeli, Chhattisgarh. 3 - Smt. Sushila W/o Shri Ramesh Rathore Aged About 48 Years R/o - Village- Dindol, Post- Sukli, Thana And Tahsil- Lormi, District : Mungeli, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh. 4 2 - Chhattisgarh Public Works Department Through Its Seretary, Nirman Bhawan Capitol Complex, Naya Raipur Atal Nagar, Raipur, District : Raipur, Chhattisgarh. 3 - Collector Mungeli District- Mungeli, Chhattisgarh. 4 - Sub-Divisional Officer (R) And Land-Acquisition Officer Lormi, District- Mungeli (A.D.B. Project), Chhattisgarh Road Development Project, Public Works Department Lormi, District : Mungeli, Chhattisgarh. 5 - Tahsildar Lormi, District : Mungeli, Chhattisgarh. --- Respondent(s) WPC No. 3286 of 2023 1 - Yashwant Kumar S/o. Shri Hemram Kashyap, Aged About 50 Years R/o. Village - Vicharpur, Post - Sukali, Tahsil - Lalpur, P.S. - Lormi, District - Mungeli, Chhattisgarh. 2 - Smt. Sunita, W/o. Shri Yashwant Kumar, Aged About 45 Years R/o. Village - Vicharpur, Post - Sukali, Tahsil - Lalpur, P.S. - Lormi, District - Mungeli, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh. 5 2 - Chhattisgarh Public Works Department, Through Its Secretary, Nirman Bhawan, Capital Complex, Naya Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh. 3 - Collector Mungeli, District - Mungeli, Chhattisgarh. 4 - Sub - Divisional Officer (R) And Land Acquisition Officer, Lormi, District - Mungeli (A.D.B. Project), Chhattisgarh Road Development Project, Public Works Department Lormi, District - Mungeli, Chhattisgarh. 5 - Tahsildar Lormi, District - Mungeli, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Rajendra Patel, Advocate. For Respondent(s)/ State : Mr. S. S. Choubey, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/07/2026 1. Since common question of facts and law is involved in these cases, as such, all these petitions are being disposed of by this common order. 2. The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer made by the petitioners in all the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The reliefs prayed in WPC No. 3277/2023 (Ramesh Singh Rathore 6 & others vs. State of Chhattisgarh & others) are quoted hereinbelow in order to consider these cases and to decide the same. “10.1 That this Hon'ble court may kindly be pleased to call for the entire records pertaining to the acquisition of land and grant of compensation of village Lormi which relates to petitioners. 10.2 That this Hon'ble court may kindly be pleased to quashed the impugned letter dated 22.07.2023 & 24.07.2023 (Annexure P-1) issued by the respondent No. 4 10.3 That this Hon'ble court may kindly be pleased to direct the respondents to release the amount of compensation in favor of petitioners in lieu of acquisition of the land as per policy and proposal dated 11.07.2022 issued by the Revenue department. 10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted..” 3. Learned counsel appearing for the petitioners submits that the petitioners are the recorded owners and are in possession of the land in question. It is contended that the said land was acquired by the State authorities for a public purpose; however, despite such acquisition, the petitioners have neither been paid any compensation nor have they been extended the statutory benefits admissible under the relevant provisions governing land 7 acquisition. It is further submitted that the authorities have failed to discharge their legal obligation of paying just and fair compensation to the petitioners, thereby infringing their valuable legal and constitutional rights. Being aggrieved by the arbitrary and inaction on the part of the respondent authorities in withholding the compensation despite acquisition of their land, the petitioners have been constrained to invoke the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking issuance of appropriate directions for payment of compensation along with all consequential statutory benefits. 4. Per contra, learned counsel appearing for the State submits that although there was initially a proposal to acquire the land belonging to the petitioners, the very project for which the acquisition was contemplated was subsequently dropped by the competent authorities. It is, therefore, submitted that the land in question was never acquired in accordance with law, no acquisition proceedings were ever completed, no award was passed, and possession of the land was never taken by the State. Consequently, the claim of the petitioners for payment of compensation is wholly misconceived and devoid of any legal basis, as no acquisition of the land ever took place. He further submits that in an identical matter, this Court has already declined to grant similar relief to the petitioners. Therefore, the present writ petitions, being devoid of merit, deserve to be dismissed. 8 5. Upon a specific query being put by this Court, learned counsel for the petitioners fairly submits that possession of the land in question has not been taken by the State Government. 6. Learned counsel appearing for the State, on instructions, reiterates that the proposal for acquisition of the land had already been dropped by the competent authorities and, therefore, no acquisition proceedings were ever concluded. 7. Heard learned counsel for the respective parties and perused the material available on record. 8. Having given thoughtful consideration to the rival submissions advanced by learned counsel for the parties and upon perusal of the material available on record, particularly in view of the admitted position that possession of the land has not been taken by the State Government and the acquisition proposal itself has been abandoned, this Court is of the considered opinion that the grievance raised by the petitioners is without any legal foundation. Since the land was never acquired in accordance with law and the acquisition proceedings were never culminated, the relief claimed by the petitioners for payment of compensation cannot be granted in the present writ petitions. 9. It is, however, made clear that this Court has not expressed any opinion on the merits of the claims of the parties, and all questions, if any, are left open to be agitated before the appropriate forum in accordance with law. 9 10. Accordingly, the writ petitions, being devoid of merit, are dismissed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat