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2026 DAILYLAW 34654 (CHH)

KANHAIYALAL YADAV v. STATE OF CHHATTISGARH

WPC/592/2023 · 2026-08-30

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010033792023 2026:CGHC:38379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 592 of 2023 1 - Kanhaiyalal Yadav S/o Shri Nanhe Lal Yadav Aged About 65 Years Resident Village Taroud Ward No. 15, Gram Taroud, Janjgir Champa, District Janjgir-Champa, Chhattisgarh. 2 - Rama Yadav S/o Shri Nanhe Lal Yadav Aged About 65 Years Resident Village Taroud Ward No. 15, Gram Taroud, Janjgir Champa, District Janjgir-Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi, Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh. 3 - The Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Janjgir-Champa, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh. 4 - The Patwari Village Taroud, Tahsil Akaltara, And District Janjgir- Champa, Chhattisgarh. 5 - K. S. K. Mahanadi Power Company Limited Through The Manager, Village Karoud, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Rupendra Dewangan, Advocate. For the State : Mr. Amit Nayak, PL. For Respondent No.5 : Mr. Soumya Rai, Advocate. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 2 31.08.2026 1. Petitioners have filed this petition under Article 226 of the Constitution of India with following reliefs: “10. Relief Sought: 10.1 This Hon'ble Court may kindly be pleased to pass an appropriate order or issue writ and direct the respondent no. 03 to disburse the amount of compensation for the land situated Village- Taroud, Tahsil-Akaltara, District- Janjgir-Champa (C.G.) bearing Khasra No. 346/1 admeasuring 0.1460 ha. along with interest, in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to pass an appropriate order or issue writ and direct the respondent authorities to decide the application dated 07.07.2022 (Annexure P/4 Colly) of the petitioner within a period of 30 days, in the interest of justice. 10.3 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. By way of present petition, the petitioners are not assailing or challenging any specific order, rather they are aggrieved by inaction on the part of the respondent-authorities, who, despite having acquired the land belonging to the petitioners, have failed to disburse the compensation payable in respect thereof. 3. Learned counsel appearing on behalf of the petitioners submits that the amount of compensation determined pursuant to the award 3 has already been deposited in the Treasury, but same has not been disbursed to the petitioners till date as it appears to be a dispute amongst the persons claiming entitlement to receive the compensation amount. As such, the Petitioners have approached this Court seeking the aforesaid reliefs/directions. 4. Learned State Counsel submits that appropriate remedy available to the petitioners would be to file an appropriate application before the concerned competent-authority having responsibility for disbursement of the compensation amount, impleading therein all the persons having an interest in the said compensation amount. In the event such an application is filed before the concerned authority, same shall be considered and decided in accordance with law after affording an opportunity of hearing to all concerned parties; since the dispute sought to be raised by the Petitioners cannot appropriately be adjudicated upon by this Court in exercise of its writ jurisdiction. 5. Heard learned counsel appearing for the parties and perused the writ petition as well as the return filed on behalf of the respondent- State. 6. Having regard to the aforesaid facts and circumstances, particularly taking into consideration the fact that present petition has remained pending before this Court since the year 2023 and amount of compensation has already been determined and deposited in the Treasury, the present writ petition is disposed of permitting the Petitioners to file an appropriate application before 4 respondent No.3/Sub-Divisional Officer (Revenue), impleading therein all persons having an interest in the amount of compensation/award. Upon receipt of such application, respondent No.3/Sub-Divisional Officer (Revenue) shall consider and decide the same in accordance with law within a period of 60 days, after affording due opportunity of hearing to all concerned parties and after duly considering the objections, if any, raised by the persons claiming an interest in the amount of compensation/award. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.