Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:17064
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1652 of 2021 1 - Jitesh Patel S/o Shri Purushattam Bhai Patel Aged About 52 Years R/o Mahesh Colony, Gudhiyari Road, Raipur District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan New Raipur, District- Raipur
(Chhattisgarh),
District
:
Raipur,
Chhattisgarh 2 - Presiding Officer Of Land Acquisition And Rehabilitation And Resettlement Authority Old Phq Raipur, District Raipur (Chhattisgarh), District
:
Raipur,
Chhattisgarh 3 - Land Acquisition Officer Dabhara, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Kamal Kishor Patel, Advocate For State :- Mr. Ashutosh Shukla, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.04.2026
1. The present writ petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondents to VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 provide certified copy of the award dated 30.03.2017 passed in Land Acquisition Case No. 27/A-82/2012-13. 2. The petitioner’s land bearing Khasra No. 382 admeasuring 0.10 acre situated at Village Nawapara, Tahsil Dabhara, District Janjgir- Champa was acquired vide award dated 30.03.2017 passed by the Sub-Divisional Officer (Revenue)-cum-Land Acquisition Officer. It is the grievance of the petitioner that for the purpose of seeking reference for enhancement of compensation, he applied for certified copy of the said award; however, the same was not supplied on the ground that the original record has been called by the authority at Raipur. Being aggrieved by the refusal to provide certified copy, the petitioner has approached this Court. 3. Following reliefs have been prayed by way of this petition:-
“10.1 That this Hon'ble court kindly be pleased to set aside Annexure P-1 and direct the Respondents for providing certified copy on payment of Legal fees. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner ”
4. Learned counsel for the petitioner submits that the petitioner requires certified copy of the award dated 30.03.2017 for availing legal remedy of reference for enhancement of compensation.
It is submitted that under Section 75 of the Indian Evidence Act,
3 certified copies of public documents are required to be issued and the authorities are duty-bound to provide the same. 5. Per contra, learned counsel for the respondents submits that the certified copy of the award, as sought by the petitioner, pertains to Reference Case No. 179/2017 and the records are presently lying before the Land Acquisition, Rehabilitation and Resettlement Authority, Raipur. It is submitted that the petitioner may apply before the said authority for obtaining certified copy of the award. 6. It is further submitted in the return filed by the State that the original records have been transmitted to the Authority at Raipur in connection with Reference Case No. 27/A-82/2012-13 and therefore the office of Land Acquisition Officer, Dabhara is not in a position to supply the certified copy. 7. I have heard learned counsel for the parties and perused the material available on record. 8. It is not in dispute that the petitioner is entitled to obtain certified copy of the award dated 30.03.2017 for the purpose of pursuing his legal remedy. It is also not in dispute that the original records are presently lying before the Land Acquisition, Rehabilitation and Resettlement Authority, Raipur in connection with the reference proceedings. In view of the aforesaid factual position, this Court is of the considered opinion that no useful purpose would be served in entering into the controversy regarding refusal by the Land
4 Acquisition Officer, Dabhara, as the records are admittedly not available with the said authority. The appropriate course for the petitioner would be to approach the authority before whom the records are presently lying, i.e., the Land Acquisition, Rehabilitation and Resettlement Authority, Raipur. 9. Accordingly, without entering into the merits of the case, the writ petition is disposed of with a direction that the petitioner shall be at liberty to file an appropriate application before the Land Acquisition, Rehabilitation and Resettlement Authority, Raipur for obtaining certified copy of the award dated 30.03.2017.
Upon such application being filed, the concerned authority shall consider and supply the certified copy to the petitioner, subject to payment of requisite fees, within a period of 30 days from the date of filing of the application. In case the records are not available with the said authority, the concerned authority shall inform the petitioner about the present status and location of the records so as to enable him to obtain the certified copy without further delay. sd/- (Amitendra Kishore Prasad) Judge Vishakha