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2026 DAILYLAW 39008 (CHH)

ASHA SINGH v. STATE OF CHHATTISGARH

WPC/5074/2026 · 2026-10-05

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010378342026 2026:CGHC:43243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5074 of 2026 1 - Asha Singh W/o, Shri Manoj Kumar Singh Aged About 48 Years R/o Near I T I Colony, Nehru Ward, Ambikapur, Tahsil And District Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur District - Raipur (C.G.) 2 - Collector Surguja, Office Of The Collectorate, Ambikapur, District Surguja (C.G.) 3 - Commissioner Municipal Corporation Ambikapur, District Surguja (C.G.) 4 - Sub-Divisional Officer (Revenue), Ambikapur, District Surguja (C.G.) 5 - Tehsildar, Ambikapur, District Surguja (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Ruchi Nagar, Advocate. For State/respondent : Shri Anmol Sharma, PL. For Respondent No.3 : Ms. Soniya Kuldeep appears on behalf of Shri Anand Kumar Pandey, Advocates. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/10/2026 1. Learned counsel for the petitioner submits that this Writ Petition has been filed assailing the patently illegal, and arbitrary actions of the State Authorities and respondent Municipal Corporation, Ambikapur, who have forcibly carved out and constructed an unpaved public road (कच्चीA सड़क) / (murrum रोEड) मुHरूमु रोEड) across approximately 50 decimals (0.50 acre) of AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.10.09 10:24:10 +0530 2 prime agricultural land over a substantial portion (approximately 50 decimals) of the agricultural land belonging absolutely to the Petitioner, bearing Khasra No. 299/10, admeasuring 1.493 Hectares, situated at Village Gangapur Nalapara, Tahsil-Ambikapur and District Surguja (C.G.), without taking recourse to any due process of law or compulsory land acquisition proceedings under the statutory framework. 2. Learned counsel for the petitioners submits that they have preferred a representation dated 24.03.2026 and in this petition they have a limited prayer for issuance of direction to the concerned authority of respondents to decide the said representation and to pass appropriate order for grant of compensation on account of the land of the petitioner taken over by Municipal Corporation, Ambikapur. 3. Learned State counsel submits that since the petitioner raised a limited grievance, he does not have any objection. 4. Learned counsel for Municipal Corporation Ambikapur submits that they will decide the representation of the petitioner in accordance with law. 5. On perusal thereof, it appears that the representation is not sufficiently detailed. Accordingly, without entering into the merits of the controversy, the present writ petition is disposed of with a direction to the petitioner to submit a detailed representation before the Commissioner, Municipal Corporation, Ambikapur, within a period of 10 days from the date of receipt of a copy of this order. 6. Upon receipt of such representation, the Commissioner, Municipal Corporation, Ambikapur, shall consider the same and pass a reasoned and 3 appropriate order thereon, in accordance with law, preferably within a period of 45 days from the date of receipt of the detailed representation. 7. It is further directed that, if demarcation or any other field verification is found necessary for proper adjudication of the petitioner’s representation, the competent authorities shall undertake the demarcation of the petitioner’s land within the aforesaid period of 45 days, after affording due notice and opportunity of hearing to all concerned parties. The petitioner shall be permitted to remain present during the course of such demarcation. The demarcation shall be carried out strictly in accordance with Section 129 of the Chhattisgarh Land Revenue Code, 1959. 6. In the event the competent authority comes to the conclusion that acquisition of any portion of the petitioner’s land is necessary for the road or any other public purpose, the competent authority shall take appropriate steps for initiating and completing the acquisition proceedings in accordance with law, subject to the applicable statutory provisions, within the aforesaid period of 45 days. 7. It is made clear that this Court has not expressed any opinion on the merits of the petitioner’s claim. The concerned authority shall consider and decide the petitioner’s representation independently, on its own merits and strictly in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Avinash