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CGHC010300832026
2026:CGHC:35842
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4078 of 2026 1 - Basant Kumar Agrawal S/o Shri Lakhi Prasad Agrawal Aged About 42 Years R/o Below To Naya Talab, Gudhiyari, Raipur, Tehsil - Raipur, District Raipur Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District
Raipur
Chhattisgarh 2 - State Of Chhattisgarh Through Its Secretary, Public Works Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 3
- Collector,
Raipur
District
Raipur
Chhattisgarh 4 - Assistant Engineer Executive Engineer Divison (1), Public Works Department, Sirpur Bhawan, Beside Akashwani, Civil Lines, Raipur, Tehsil
And
District
-
Raipur
Chhattisgarh 5 - Superintendent Engineer Mandal No. 1, Public Works Department, Beside Akashwani, Civil Lines, Raipur, Tehsil And District Raipur Chhattisgarh 6 - Sub Divisional Officer (Revenue) Raipur Tehsil And District Raipur Chhattisgarh 7 - Tehsildar Raipur Tehsil And District Raipur Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate. For Respondent(s)/State : Mr. S. S. Choubey, G.A. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT
2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/08/2026
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue (s), direction (s) by the Collector Raipur and suitable writ order (s), commanding/directing respondents No.2, 4 & 5 (PWD) to decide the representations (Annexure P/2 & P/3) preferred by the petitioner, strictly in accordance with law, within a time frame, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondent authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Learned counsel for the petitioner submits that the petitioner apprehends that his land is likely to be taken over by the concerned Assistant Engineer and the Executive Engineer, Division No. 1, PWD, Raipur. He further submits that, on the last date of hearing, i.e. 06.08.2026, learned counsel appearing for the State was directed by this Court to seek instructions with regard to the grievance raised by the petitioner. 3
3.
At this stage, learned counsel appearing for the State, on instructions, submits that, as per the instructions received from the Executive Engineer, no construction work has commenced over the subject land as of now. It is submitted that, at present, only survey work is being carried out in connection with the land acquisition proceedings proposed for widening of the road from Pahadi Chowk to Shukrawari Bazar. It is further submitted that the construction work would be commenced only after completion of the requisite land acquisition proceedings and in accordance with the procedure prescribed under law. Therefore, it is submitted that the apprehension/allegation of the petitioner that Respondent Nos. 4 and 5 (PWD) are attempting to encroach upon or take possession of the petitioner’s land without following due process of law and/or without acquiring the land is unfounded and does not arise at this stage. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the submissions made by learned counsel for the parties and having regard to the facts and circumstances of the case, particularly the submission made by learned counsel for the State, on instructions, that no construction work has commenced at present and that the construction work would be undertaken only after completion of the requisite land acquisition proceedings, this Court is of the considered view that, at this stage, no effective relief can be granted to the petitioner. 4
6. Accordingly, the petition is disposed of with liberty to the petitioner to approach this Court by filing an appropriate application/petition, in accordance with law, in the event any cause of action arises in future.
It is further observed that, if the petitioner has any other subsisting grievance with regard to the subject matter, he shall be at liberty to approach the concerned authorities by way of an appropriate representation/application in accordance with law and, if so advised, to avail such other remedy as may be available to him in law. 7. It is made clear that this Court has not expressed anything on the merits of the case. 8. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat