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2026 DAILYLAW 3224 (CHH)

INDRAWATI YADAV v. STATE OF CHHATTISGARH

WPC/1421/2026 · 2026-03-31

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:14986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1421 of 2026 Indrawati Yadav W/o Ramashankar Yadav Aged About 45 Years R/o Village- Barima Tahsil Mainpat District- Surguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Affairs Mahanadi Bhawan Mantralaya Atal Nagar, Raipur, Chhattisgarh, 2 - Collector Ambikapur District- Surguja (C.G.) 3 - Tahsildar Mainpat, District- Surguja (C.G.) ... Respondents For Petitioner : Mr. Anurag Singh, Advocate For Respondents/State : Mr. Amit Nayak, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 01.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- 1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondent authorities to acquire land of the petitioner bearing Kh. no. Kh. no. 1007/49 area 0.202 hectare situated at Village Barima, Tahsil Mainpat, District Surguja in a manner known to law and they may further be directed to conclude entire land acquisition proceedings in respect of land of petitioner within a BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.02 10:33:16 +0530 2 stipulated period of three months and they may further be determine compensation accordance with law. 2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondent authorities to pay damages to the petitioner for their illegal act of deprivation from their right to property in accordance with law. 3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 2. Learned counsel appearing for the petitioner submits that the petitioner is the recorded owner of the land bearing Khasra No.1007/49 area 1.314 hectare, situated at Village Barima, Tahsil Mainpat, Distt. Surguja. He further submits that adjacent land of aforesaid land is a Government land bearing Khasra No.1007/40 area 12.378 hectare and the same has been allotted for establishment of a Police Training School at Tahsil Mainpat. It is contended that during the course of construction of the aforesaid Police Training School, an area of 0.202 hectares of the petitioner’s private land has been encroached upon by the respondent authorities, for which no compensation has been paid to the petitioner. Learned counsel further submits that on an application filed by the petitioner, the Tahsildar, Mainpat initiated revenue proceedings for grant alternative land in exchange. However, the said claim was subsequently rejected on the ground that no private land had been acquired at the time of allotment of the Government land for the Police Training School. It is further submitted that the Tahsildar, Mainpat himself had earlier submitted a report (Annexure P/6) stating that the petitioner’s land had been encroached upon by respondent No. 1 and fenced with barbed wire. Learned counsel further submits that the petitioner is ready to file application before the Collector, Ambikapur for redressal of her grievance 3 seeking either allotment of alternative land or payment of compensation. Hence, it is prayed that this petition may be disposed of by granting liberty to the petitioner to file a representation before the Collector, Ambikapur and further direct the Collector to decide the same within a stipulated period. 3. Learned counsel for the State has no objection if the above prayer of the petitioner is allowed. 4. Heard learned counsel for the parties and perused the material available on record. 5. As per Annexure-P/6, the Tahsildar has submitted a report to the Collector, Ambikapur, that an area of 0.202 hectare of the petitioner’s private land has been encroached by the Police Training School and has been enclosed with barbered wire. 6. Having considered the limited grievance of the petitioner, this petition is disposed of at this stage, granting liberty to the petitioner to submit an application before the Collector, Ambikapur for redressal of her grievance. In the event of such application being filed, respondent No.2/Collector Ambikapur Distt. Surguja shall consider and decide the same expeditiously, preferably within a period of 60 days from the date of receipt of a copy of this order. 7. With aforesaid observation and direction, this petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Bini Judge