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2026 DAILYLAW 30920 (CHH)

SURENDRA PRASAD GUPTA v. SOUTH EASTERN COALFIELDS LIMITED (SECL)

WPC/4057/2026 · 2026-08-05

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010301932026 2026:CGHC:34383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4057 of 2026 Surendra Prasad Gupta S/o Late Baiharam Gupta Aged About 56 Years R/o Katghora, Road Deepka, Tehsil Deepka, District Korba C.G. -- Aadhar No. 4388,9299,7592. ... Petitioner versus 1 - South Eastern Coalfields Limited (SECL) Through Its Chairman Cum Managing Director, S E C L Headquarters, Bilaspur District Bilaspur C.G. 2 - The General Manager S E C L, Gevera Area District Korba C.G. 3 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Nava Raipur District Raipur C.G. 4 - The Sub Divisional Officer Revenue Cum Sub Divisional Magistrate, Pali, District Korba C.G. 5 - The Tehsildar Hardibazar, District Korba C.G. 6 - Jagan Lal Gupta S/o Late Shri Baiharam Gupta Aged About 60 Years Brother Of The Petitioner R/o Village Amgaon, Tehsil Hardibazar District Korba C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vimal Pathak, Advocate and Mr. Ayush Kesharwani, Advocate For Respondents No.1 and 2/SECL : Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate For Respondents No.3 to 5/State : Mr. Shobhit Mishra, Dy. G.A. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.06 18:17:26 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 06.08.2026 1 By filing the present writ petition, the petitioner has challenged the legality and propriety of the inaction on the part of respondent Nos.1 and 2/SECL authorities in withholding and not releasing the compensation/acquisition benefits payable in respect of the acquired land and house situated at Village Amgaon, Tahsil Hardibazar, District Korba, despite the recommendation made by the Tehsildar, Hardibazar and the consequential memorandum issued by the Sub-Divisional Officer (Revenue), Pali directing grant of such benefits. The petitioner has prayed for following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, directing respondent Nos. 1 and 2 to forthwith consider and release to the petitioner the compensation / acquisition benefits payable in respect of acquired land and house situated at Village Amgaon, Tahsil Hardibazar, District Korba, Khasra No. 606/72, in compliance with the Tehsildar's enquiry report/recommendation (P/2) & the SDO (Revenue), Pali memorandum/letter (P/3). 10.2 That this Hon'ble Court may further be pleased to direct respondent Nos. 1 and 2 that if any dispute is claimed by the objecting 3 brother, the undisputed amount/share be released so the petitioner forthwith and only the disputed portion, if arty, be kept subject to appropriate adjudication in accordance with law. 10.3 That, this Hon'ble Court may further be pleased to direct respondent Nos. 1 and 2 to decide the petitioner's representation dated 07.04.2026 (P/1) by a reasoned and speaking order within a time-bound period to be fixed by this Hon'ble Court. 10.4 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2 Learned counsel for the petitioner submits that, at this stage, the petitioner is confining his prayer to a limited relief and would be satisfied if a direction is issued to respondent Nos.1 and 2 to consider and decide the petitioner's representation dated 07.04.2026 in an expeditious manner and within a stipulated time frame, in accordance with law. 3 Learned counsel appearing for respondent Nos.1 and 2 submits that if the petitioner's representation is still pending consideration, the competent authority shall consider and decide the same, in accordance with law, within a reasonable period. 4 Heard learned counsel for the parties and perused the documents available on record. 4 5 Considering the limited prayer made on behalf of the petitioner and taking into account the fact that the grievance of the petitioner pertains to release of compensation/acquisition benefits in respect of the acquired land and house, this Court deems it appropriate to direct respondent Nos.1 and 2/SECL to consider and decide the petitioner's representation dated 07.04.2026, in accordance with law, by passing a reasoned and speaking order, within a period of 60 days from the date of receipt of a certified copy of this order. 6 It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim or the rival claims, if any, and the competent authority shall independently examine the petitioner's entitlement and take a decision strictly in accordance with law, uninfluenced by any observation made in this order. 7 With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh