Extracted from the PDF above. The PDF is authoritative.
1
CGHC010299892020
2026:CGHC:34353
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 628 of 2021 Kamal Jain S/o Shri Maniklal Jain Aged About 65 Years R/o South Avenue 22B, Chaubey Colony Raipur, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Revenue And Public Work Department Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2 - Chief Executive Officer Naya Raipur, Development Authority, Raipur, Chhattisgarh. 3 - Collector District- Raipur, Raipur, Chhattisgarh. 4 - Sub Divisional Officer Cum Land Acquisition Officer Arang/Abhanpur, Raipur, Chhattisgarh.
... Respondents For Petitioner : Mr. Rakesh Dubey, Advocate. For State/Respondents : Mr. Atanu Ghosh, Dy.G.A.
GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.08.17 11:50:40 +0530
2 SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 05/08/2026
1. Petitioner has filed this writ petition seeking following reliefs:-
“a.That, this Hon'ble court may kindly be pleased to pass an
order, issue a direction or necessary command by way of appropriate writ of certiorari, set aside and quash the rejection letter dated 31/10/2019(P/10) b.That, this Hon'ble court may kindly be pleased to pass an
order, issue a direction or necessary command by way of any suitable writ and direct the respondents to comply with the order dated 30/10/2018 passed by this Hon'ble Court in WPC No.2087/18 and give proper and fair compensation to the Petitioner with all consequential relief. c.This Hon'ble court may kindly be pleased to pass any other or further order(s) deemed fit and necessary in the facts and circumstances in the matter.”
2. Learned counsel for the petitioner submits that the writ petition filed by the petitioner bearing WPC No.2087/2018 decided on 30/10/2018 with connected matters, Division Bench of this Court has passed an order striking down the notification dated 04/12/2014 and direction is issued to the State Government to issue fresh notification indicating the multiplier factors, in terms of the guidelines laid down in the statute and the judgment. Till date, the State Government has not complied with the order/direction issued by the Division Bench of this Court. He also contended that the representation submitted by the petitioner was rejected by the Sub
3 Divisional Officer-cum-Land Acquisition Officer on 31/10/2019, therefore this writ petition is filed.
3. Learned counsel for the respondent/State would submit that the issue with regard to the application of multiplier is pending
consideration in case of Mahadev Gond before the Division Bench. As there is already an order in favour of the petitioner pending
consideration before the Division Bench after remand of the case by Hon’ble Supreme Court, the compliance of the order passed in writ petition WPC No.2087/2018 and connected matters will be subject to the outcome of pending writ petition.
4. At this stage learned counsel for the petitioner submits that the issue raised in this petition is different than that of the issue involved in writ petition pending consideration before Division Bench of this Court. He submits that the order passed in WPC No.2087/2018 and other connected matters decided was challenged before Hon’ble Supreme, which came to be dismissed.
5. In the aforementioned facts of the case, when the submission of
learned counsel for the petitioner is that order passed in favour of the petitioner has been challenged by the respondent therein before Hon’ble Supreme Court, and, which came to be dismissed, then in the opinion of this Court, this writ petition for compliance of the order passed by the Division Bench is not maintainable. If the petitioner is aggrieved by the inaction on the part of the respondent/State, then the petitioner is having some other remedy available to him and therefore I am not inclined to entertain this petition on merits. Accordingly, this writ petition is dismissed with liberty to the
4 petitioner to avail other remedy available under law for compliance of the order passed by the Division Bench in WPC No.2087/2018 and connected matters. Sd/- (Parth Prateem Sahu) Judge gouri