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2026 DAILYLAW 31839 (CHH)

GOKUL PRASHAD HARMUKH v. STATE OF CHHATTISGARH

WPC/4235/2026 · 2026-08-13

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010303842026 2026:CGHC:36181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4235 of 2026 Gokul Prashad Harmukh S/o Isward Prashad Harmukh Aged About 77 Years R/o Village Thanaud, Patwari Halka No. 24, Tehsil And District Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Collector District Durg Chhattisgarh 3 - The Sub-Divisional O4cer (Revenue) Durg, District Durg Chhattisgarh 4 - The Tehsildar Durg, District Durg Chhattisgarh ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Shivam Mishra, Advocate For State : Mr. Shreyansh Mehta, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/08/2026 AMIT PATEL Digitally signed by AMIT PATEL Date: 2026.08.14 18:24:56 +0530 2 1. The petitioner has 9led this petition with the following reliefs:- “ 10.1 This Hon'ble may kindly be pleased to call for the records of the case for the kind perusal of this Hon'ble Court. 10.2 This Hon'ble may kindly be pleased to issue an appropriate writ or order and direction to Issue an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, directing the respondent authorities, especially Respondent Nos. 2 to 4, to consider and decide the petitioner's representations dated 16.07.2026, 17.07.2026 and 18.07.2026, seeking deletion of the names of deceased recorded Bhumiswamis from the revenue records and mutation of the names of their lawful legal heirs in respect of the land situated at Village Thanaud, Patwari Halka No. 24, Tahsil and District Durg, Khasra No. 2765, admeasuring 0.51 Hectare, within a 3 9xed period as may be deemed 9t by this Hon'ble Court. 10.3 This Hon'ble may kindly be pleased to issue an appropriate writ or order and direction to Direct the respondents to ensure that, during the pendency of the mutation proceedings, the rights of the petitioner and other legal heirs are not prejudiced in the ongoing land acquisition proceedings relating to the Kharsia-Naya Raipur- Parmalakasa 5th & 6th Railway Line Project, and that they are not deprived of the statutory compensation and other consequential bene9ts merely because the revenue records have not yet been updated. 10.4 This Hon'ble may kindly be pleased to issue an appropriate writ or order and direction to Direct the respondent authorities that the compensation payable in respect of the subject land shall be released only in favour of the persons found entitled 4 in accordance with law after completion of the mutation proceedings and shall not be disbursed in the names of deceased recorded tenure holders. 10.5 This Hon'ble may kindly be pleased to issue an appropriate writ or order and direction to Direct the respondent authorities to take into consideration the previous incident wherein compensation relating to the Power Grid transmission project could not be eCectively disbursed due to non-mutation of the names of the legal heirs and to ensure that such injustice is not repeated in the present acquisition proceedings. 10.6 This Hon'ble may kindly be pleased to issue an appropriate writ or order and direction to Pass such other or further writ, order or direction as this Hon'ble Court may deem 9t, proper and expedient in the facts 5 and circumstances of the case, including the award of costs of the present proceedings.” 2. Learned counsel appearing for the petitioner submits that upon the death of some of the persons, who have to be granted compensation in respect of acquisition of their lands, the concerned legal heirs have 9led an application dated 16.07.2026 for mutation of their names in the revenue records, which is pending for consideration before the concerned Tahsildar. 3. Learned counsel for the State submits that the proceedings have been initiated and are likely to be decided very soon. He further submits that as 21 persons have expired and there are many legal heirs, notices are required to be issued to all of them and the same will take some reasonable time. 4. Having heard learned counsel for the parties, upon due consideration of the facts and circumstances of the case and perusal of the documents available on record, the concerned Tahsildar is directed to decide the application dated 16.07.2026 for substitution of legal heirs within a short period of time, so that the legal heirs can get the bene9t of the compensation which has to be disbursed in their favour. It is 6 made clear that the concerned Tahsildar shall be able to decide the application, if all the legal heirs co-operate in the proceedings and appear on the dates as given by the concerned Tahsildar. The petitioner is directed to produce a copy of this order before the concerned Tahsildar and the concerned Tahsildar shall make every endeavour to decide the same expeditiously. 5. With the aforesaid observations and directions this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL