1 2026:CGHC:19521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2012 of 2026 1 - Rameshwar Yadav S/o Late Chiruram Yadav, Aged About 68 Years R/o Ward No. -07, Purani Basti Chandi Mandir Marg Kharsia, Tahsil -Kharsia, District- Raigarh C.G. 2 - Rajesh Kumar Yadav S/o Late Chiruram Aged About 59 Years R/o Ward No. -06, Turri Bhatha, Kharsia, Tahsil Kharsia, -District Raigarh C.G. 3 - Shailendra Kumar Yadav S/o Tikal Ram Yadav, Aged About 55 Years R/o Village Sodhi Tahsil Sakti, District - Sakti C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management, -Mantralaya, Mahanadi Bhawan Atal Nagar Naya Raipur- District -Raipur C.G. 2 - The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahyanadi Bhawan, Atal Nagar Naya Raipur -District -Raipur C.G. 3 - Collector Raigarh District -Raigarh C.G. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 4 - Land Acquisition Officer Sub Disvisional Officer (R) Kharsia, District -Raigarh C.G. 5 - Tahsildar Tahsil Kharsia, District Raigarh C.G. 6 - In-Charge Medical Officer, Civil Hospital Kharsia, District Raigarh C.G. 7 - Chief Municipal Officer, Municipal Council Kharsila District -Raigarh C.G. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Govind Prasad Dewangan, Advocate For State :- Mr. Soumitra Kesharwani, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 28.04.2026 1. By way of the present petition, the petitioners have challenged the impugned order dated 19.01.2026 passed by respondent No.4, namely the Land Acquisition Officer/Sub-Divisional Officer (Revenue), Kharsia, District Raigarh (C.G.), whereby the representation submitted by the petitioners—pursuant to the directions issued by this Hon’ble Court in W.P.(C) No. 3782/2025 (Rameshwar Yadav & Others vs. State of Chhattisgarh & Others) decided on 21.07.2025—has been rejected. 3 2. Facts of the case are that the petitioners are the recorded owners of land bearing Khasra No. 68/1 admeasuring 0.348 hectare situated at Kharsia, District Raigarh, assert that a portion of their land has been under possession of the State authorities and Civil Hospital, Kharsia since 1977 without any lawful acquisition proceedings and without payment of compensation. Despite their ownership being undisputed in revenue records and supported by an inspection report obtained pursuant to directions of this Hon’ble Court in W.P.(C) No. 3782/2025 dated 21.07.2025, the respondents failed to grant compensation and instead rejected the petitioners’ representation vide impugned order dated 19.01.2026 on the ground of pendency of a civil suit. The petitioners contend that such rejection is arbitrary, contrary to the inspection report, passed without application of mind, and violative of their constitutional right to property, as they have been deprived of compensation for land utilized by the State without due process of law. 3. Following reliefs have been prayed by way of this petition:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioners from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 19.01.2026 passed by the respondent no.4 i.e. 4 Land Acquisition Officer/Sub Divisional Officer (R), Kharsia, District Raigarh (C.G.) in Revenue Case No. 202512042900044/B- 121/25-26. 10.3 That, this Hon'ble Court may kindly further be pleased to pass an order directing to the respondents to pay the compensation in respect of the land bearing Khasra No. 68/1 Rakba/ area 0.348 Hectare, which is situated at Kharsia, P.H.N. 22, Tahsil Kharsia, District Raigarh (C.G.) to the petitioners as per the present market value with interest @ 18% per annum from the date of the possession till the payment of compensation. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners. 4. Learned counsel for the petitioner, after arguing for some time, submits that a civil suit for declaration of title and permanent injunction has already been filed and is pending consideration before the competent Civil Court. It is further submitted that the concerned authority has passed the impugned order holding that since the civil suit has been filed, the matter cannot be adjudicated, and consequently, the representation of the petitioner has been rejected. 5 5. Learned State counsel submits that unless and until the rights of the parties are adjudicated and determined in the pending civil suit, the claim of the petitioner cannot be entertained. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, the petitioner is directed to avail his remedy before the concerned Civil Court. After passing of the judgment by the Civil Court, the petitioner may file a fresh application seeking the relief as prayed for in the present petition. 8. Accordingly, the petitioner is disposed of. 9. The petitioner is at liberty to file an appropriate application before the authorities concerned. sd/- (Amitendra Kishore Prasad) Judge Vishakha