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2026 DAILYLAW 37839 (CHH)

BABULAL PATEL v. STATE OF CHHATTISGARH

WPC/2706/2021 · 2026-09-25

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010157762021 2026:CGHC:41921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2706 of 2021 1 - Babulal Patel S/o Tekram Patel Aged About 56 Years R/o - Village - Bhilai Post - Gataura, Jairamnagar, Block - Masturi District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 2 - Gorelal Patel S/o Tekram Patel Aged About 54 Years R/o - Village - Bhilai Post - Gataura, Jairamnagar, Block - Masturi District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 3 - Mahendra Kumar Patel S/o Bodhan Patel Aged About 24 Years R/o - Village - Bhilai Post - Gataura, Jairamnagar, Block - Masturi District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 4 - Pancham Das Vaishnav S/o Nanki Das Vaishnav Aged About 58 Years R/o - Village - Bhilai Post - Gataura, Jairamnagar, Block - Masturi District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. ... Petitioners Versus 1 - State of Chhattisgarh Through Secretary Department Of Revenue Mantralaya D.K.S Bhavan New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 2 - National Thermal Power Corporation, Limited, Sipat Through, Its General RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.09.28 17:13:37 +0530 2 Manager, Post - Sipat District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 3 - Sub - Divisional Officer, (Revenue) Masturi District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioners : Mr. Suman Kumar Kesary, Counsel on behalf of Mr. Amit Sharma, Advocate. For State : Mr. Vivek Siddharth Ojha, P.L. For Respondent No. 2 : Mr. Rohit Sharma, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 26.09.2026 1. The petitioners in the said writ petition has prayed for the following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent No. 2 to grant compensation/rehabilitation/resettlement with current interest ratetothe petitioners. 10.2 That, the Hon’ble Court may kindly be please to direct the respondent authorities to decide/consider the representations of the petitioners.” 2. Learned counsel for the petitioners submits that the representation submitted by the petitioners in the year 2018 seeking compensation for acquisition of land bearing Khasra No. 37/135, admeasuring 0.05 decimal, has not been decided till date. He, therefore, prays that respondent No. 2 may be directed to 3 consider and decide the said representation, in accordance with law, within a stipulated period. 3. Learned State counsel has not objection to the limited prayer made by the learned counsel for the petitioner. 4. Having heard learned counsel for the parties and upon perusal of the record, it is evident that the petitioners have sought a direction to respondent No. 2, National Thermal Power Corporation Limited, Sipat, District Bilaspur (C.G.), to consider and decide the representation submitted by them, as referred to in relief clause 10.2 of the petition, seeking grant of compensation in respect of acquisition of land bearing Khasra No. 37/135, admeasuring 0.05 decimal, for which, according to the petitioners, compensation has not been paid till date. It is not in dispute that the said representation was submitted as far back as in the year 2018 and has remained pending without any decision thereon. Such prolonged pendency of the representation cannot be said to be justified, as the concerned authority is required to consider and decide the representation within a reasonable period and cannot keep the same pending indefinitely. Accordingly, in the interest of justice, respondent No. 2 is directed to consider and decide the representation submitted by the petitioners in the year 2018, along with a fresh representation, if so filed by the petitioners. The petitioners shall submit a fresh representation, along with a copy of this order and a copy of the earlier representation, before respondent No. 2 within a period of 10 days from today. Upon 4 receipt thereof, respondent No. 2 shall consider and decide the same, after affording an opportunity of hearing to the petitioners, if required, and shall pass a reasoned and speaking order in accordance with law within a period of 30 days from the date of receipt of the representation along with a copy of this order. 5. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners, and the competent authority shall take a decision strictly in accordance with law and on its own merits. 6. With this observation and direction, the writ petitions stands disposed of. 7. No order as to cost(s). Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju