Disposed

Kailash Das v. State of Chhattisgarh

Chhattisgarh HC15 Apr 2019WPC/825/2019

Case brief

AI extract

What is this about?

The Court directed that petitioners aggrieved by compensation quantum have a remedy under Section 64 of the Land Acquisition Act, 2013. Liberty was granted to apply to the appropriate authority for a decision within 30 days. The Court reserved its opinion on the merits.

What did the court decide?

Liberty granted to petitioners to make application under Section 64 of the 2013 Act before the appropriate authority, to be decided within 30 days.

Kailash Das Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2019)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 825 of 2019

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Kailash Das S/o Shri Hastu @ Farsuram Das Aged About 27 Years R/o Rajendra Nagar, Village Bhond, District Bastar Chhattisgarh., .

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Ratanram Baidh S/o Shri Ramprasad Baidh Aged About 39 Years R/o Village Deoda, Sonarpal, Khaspara, District Bastar Chhattisgarh., .

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Tulsi Mandavi S/o Shri Paklu Ram Mandavi Aged About 35 Years R/o Pandupara, Village Bhond, District Bastar Chhattigarh., .

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Gendlal Soni S/o Shri Jadduram Soni Aged About 55 Years R/o Village Deoda, Khaspara, District Bastar, Chhattisgarh Present Address Near Bus Stand, Tongpal, District Sukma Chhattisgarh

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Fetaram Mourya S/o Shri Chaitoo Ram Mourya Aged About 69 Years R/o Village Deoda, Sonarpal, Khalepara, District Bastar Chhattisgarh., .

¶9

Mithuram Bakde @ Mintu S/o Shri Sukhlal Aged About 55 Years R/o Village Deoda, Sonarpal, Panarapara, District Bastar Chhattisgarh., .

¶10

Manglu Ram Baghel S/o Shri Amar Baghel Aged About 70 Years R/o Village Deoda, Sonarpal, Pujaripara, District Bastar Chhattisgarh., .

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Smt. Panki Wd/o Late Shri Sonu Aged About 49 Years R/o Village Deoda, Sonarpal, Panarapara, District Bastar Chhattisgarh., .

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Smt. Heerawati Wd/o Late Shri Lachin Aged About 64 Years R/o Village Deoda, Sonarpal, Panarapara, District Bastar Chhattisgarh., .

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10.Smt. Aasin Wd/o Late Shri Puru Aged About 64 Years R/o Satnamipara, Village Deoda, Sonarpal, District Bastar Chhattisgarh., .

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Smt. Sanwali Bai Wd/o Late Shri Agnu Aged About 57 Years R/o Satnamipara, Village Deoda, Sonarpal, District Bastar Chhattisgarh., .

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12.Harbandhu Baidh S/o Shri Budhu Ram Baidh Aged About 57 Years R/o Village Deoda, Patelpara, Sonarpal, District Bastar Chhattisgarh., .

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13.Rajuram Kashyap S/o Shri Vansingh Lula Aged About 38 Years R/o Village Deoda, Khaspara, District Bastar Chhattisgarh., .

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14.Dilip S/o Shri Jaddu Aged About 23 Years R/o Village Deoda, Khaspara, District Bastar Chhattisgarh., .

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15.Damuram Kashyap S/o Shri Gorsa Kashyap Aged About 42 Years R/o Village Deoda, Sonarpal, Khaspara, District Bastar Chhattisgarh., .

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16.Lakhmu Ram S/o Sadaram Aged About 47 Years R/o Khalepara, Village Deoda, District Bastar Chhattisgarh., .

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17.Smt. Gadri Wd/o Late Narsingh Aged About 69 Years R/o Village Deoda, Khaspara, District Bastar Chhattisgarh., .

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18.Lakhmu Ram S/o Shri Masiya Aged About 44 Years R/o Village Deoda, Sonarpal, Khalepara, District Bastar Chhattisgarh., .

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19.Lakhmu Baghel S/o Shri Arujun Baghel Aged About 58 Years R/o Village Deoda, Hirlabhatapara, Seoni, District Bastar Chhattisgarh., .

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20.Tirnath Mourya S/o Shri Jhagdu Ram Mourya Aged About 49 Years R/o Patelpara, Village Deoda, District Bastar Chhattisgarh., .

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21.Kartikram Mourya S/o Shri Heerasingh Mourya Aged About 40 Years R/o Panchayat Bhavan, Village Deoda, Sonarpal, District Bastar Chhattisgarh., .

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22.Hirasingh Mourya S/o Shri Sadaram Mourya Aged About 69 Years R/o Village Deoda, Khalepara, Sonarpal, District Bastar Chhattisgarh., .

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23.Manglu Ram Mourya S/o Shri Nadgu Ram Mourya Aged About 47 Years R/o Khaspara, Village Deoda, District Bastar Chhattisgarh., .

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24.Shyam Sundar Mourya S/o Shri Nadgu Ram Mourya Aged About 49 Years R/o Village Deoda, Sonarpal, Khalepara, District Bastar Chhattisgarh., .

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25.Shyam Lal Mourya S/o Shri Nadgu Ram Mourya Aged About 51 Years R/o Satnamipara, Village Deoda, Sonapal, District Bastar, Chhattisgarh., .

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26.Jayman Ram Sethiya S/o Shri Chaitman Aged About 49 Years R/o Village Patelpara, Village Deoda, Sonarpal, District Bastar Chhattisgarh., .

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27.Ratiram Kashyap S/o Shri Budharu Kashyap Aged About 68 Years R/o Village Usari, District Bastar Chhattisgarh., .

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28.Mangtu Ram Manjhi, S/o Shri Kamlu Ram Manjhi Aged About 65 Years R/o Forest Colony, Kondagaon, District Bastar Chhattisgarh., .

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29.Ram Dayal Manjhi S/o Shri Bansingh Manjhi Aged About 39 Years R/o Village Usari, District Bastar Chhattisgarh., .

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30.Bavda S/o Shri Madhu Aged About 77 Years R/o Khalepara, Village Usari, District Bastar Chhattisgarh., .

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31.Ramprasad Mandavi S/o Shri Mangalu Mandavi Aged About 61 Years R/o Village Usari, District Bastar Chhattisgarh., .

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32.Maseya S/o Kamlu Aged About 75 Years R/o Village Usari, District Bastar Chhattisgarh., .

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33.Budhuram Kashyap S/o Shri Dasru Ram Kashyap Aged About 49 Years R/o Khalepara, Village Usari, District Bastar Chhattisgarh., .

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34.Ramnath Kashyap S/o Shri Mange Kashyap Aged About 48 Years R/o Village

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Usari, District Bastar Chhattisgarh., .

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35.Somaru Manjhi S/o Shri Raydhar Manjhi Aged About 58 Years R/o Manjhipara, Village Usari, District Bastar Chhattisgarh., .

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36.Padamnath Kashyap S/o Shri Budhsan Kashyap Aged About 54 Years R/o Village Usari, District Bastar Chhattisgarh., .

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37.Meghnath Kashyap S/o Shri Mangatu Kashyap Aged About 33 Years R/o Khalepara, Village Usari, District Bastar Chhattisgarh., .

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38.Pardeshi Mandavi S/o Shri Narsu Ram Mandavi Aged About 36 Years R/o Village Usari, District Bastar Chhattisgarh., .

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39.Luduram Mandavi S/o Shri Sonu Ram Mandavi Aged About 59 Years R/o Village Usari, District Bastar Chhattisgarh., .

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40.Suduram Kashyap S/o Shri Kachadu Ram Kashyap Aged About 54 Years R/o Village Usari, District Bastar Chhattisgarh., .

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41.Khattu Baghel S/o Shri Samdu Baghel Aged About 71 Years R/o Juna Kotwarpara, Village Tikanpal, District Bastar Chhattisgarh., .

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42.Rikeshwar Naik S/o Late Shri Jalan Singh Naik Aged About 41 Years R/o Village Tikanpal, Pujaripara, Usari, District Bastar Chhattisgarh., .

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43.Jalandar Mandavi @ Jalan, S/o Shri Ando Mandavi @ Hando, Aged About 59 Years R/o Village Tikanpal, District Bastar Chhattisgarh., .

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44.Rudra Pratap Undrale S/o Shri Kartik Undrale Aged About 33 Years R/o Village Tikanpal, Post Usari, District Bastar Chhattisgarh., .

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45.Kallu Meriha S/o Shri Laxman Meriha Aged About 49 Years R/o Village Tikanpal, Post Usari, District Bastar Chhattisarh., .

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46.Radhe Lal Rajak S/o Shri Laxmi Nath Rajak Aged About 61 Years R/o Village Tikanpal, Post Usari, District Bastar Chhattisgarh Present Address Lokmanya Tilak Ward, No. 37, 5th Bataliyan Jagdalpur, District Batar Chhattisgarh., .

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47.Jay Singh S/o Shri Dashrath Aged About 66 Years R/o Village Tikanpal, Post Usari, District Bastar Chhattisgarh., .

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48.Arjun Baghel S/o Shri Botiram Baghel @ Bodiram Aged About 49 Years R/o Village Tikanpal, Dengpara, Post Usari, District Bastar Chhattisgarh., .

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49.Suklal Baghel S/o Shri Khuti Ram Baghel Aged About 45 Years R/o Village Tikanpal, District Bastar, Chhattisgarh Present Address Qr. No. 22, Schoolpara, Ward No. 06, Hasalnar, Matwal, District Kondagaon Chhattisgarh

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50.Bhusha Baghel S/o Shri Gagra Baghel Aged About 54 Years R/o Village Tikanpal, Dengpara, Post Usari, District Bastar Chhattisgarh., .

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51.Smt. Malti Dhruw Wd/o Late Shri Maharu Dhruw Aged About 68 Years R/o Bichpara, Village Tikanpal, District Bastar Chhattisgarh., .

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52.Tularam Mandavi S/o Shri Jakni Mandavi Aged About 37 Years R/o Makan No. 50, Dengpara, Tikanpal, District Bastar Chhattisgarh., .

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53.Purshoutam Kashyap S/o Shri Roopsingh Kashyap Aged About 34 Years R/o Village Balenga, Badepara, District Bastar Chhattisgarh., .

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54.Smt. Anti Bai Wd/o Late Shri Suber Kashyap Aged About 70 Years R/o Village Balenga, District Bastar Chhattisgarh., .

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55.Budhsan @ Kana S/o Shri Subas Aged About 55 Years R/o Village Balenga, Badepara, District Bastar Chhattisgarh., .

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56.Ramlal Kashyap S/o Shri Devchand Kashyap Aged About 43 Years R/o Village Balenga, District Bastar Chhattisgarh., .

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57.Motiram Kashyap S/o Shri Vidasi Kashyap Aged About 64 Years R/o Mariguda, Village Balenga, District Basta Chhattisgarh., .

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58.Santan Kashyap S/o Shri Budhu Ram Kashyap Aged About 35 Years R/o Village Balenga, District Bastar Chhattisgarh., .

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59.Baldev S/o Late Shri Supal Aged About 53 Years R/o Village Chamiya, Sioni, District Bastar Chhattisgarh., .

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60.Balsay Baghel S/o Late Shri Supal Aged About 56 Years R/o Village Chamiya, Sioni, District Bastar Chhattisgarh., .

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61.Balsingh S/o Late Shri Budhu Aged About 40 Years R/o Village Chamiya, Sioni, District Bastar Chhattisgarh., .

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62.Ranjit Kumar Gupta S/o Shri Abhimanyu Prasad Gupta Aged About 45 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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63.Shambhu Nath Panigrahi S/o Shri Maniram Panigrahi Aged About 42 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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64.Budhram Thakur S/o Late Shri Tularam Thakur Aged About 48 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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65.Smt. Sharda Pandey W/o Shri Ashwani Kumar Pandey Aged About 48 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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66.Birendra S/o Shri Lachindhar Baghel Aged About 40 Years R/o Domupara, Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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67.Cheto Ram Kashyap S/o Shri Mehtar Ram Kashyap Aged About 35 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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68.Sakaru Kashyap S/o Shri Sukalu Kashyap Aged About 49 Years R/o Village

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Chamiya, Seoni, District Bastar Chhattisgarh., .

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69.Bhavani S/o Shri Jayman Aged About 50 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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70.Smt. Shanti Bai W/o Shri Laikhan Ram Baghel Aged About 56 Years R/o Uparpara, Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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71.Puranram S/o Shri Ghubri, Aged About 49 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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72.Smt. Masan Bai Baghel Wd/o Late Shri Maniram Aged About 58 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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73.Lakheshwar Thakur S/o Late Shri Tularam Aged About 39 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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74.Rupsingh Thakur S/o Late Shri Tularam Aged About 46 Years R/o Village Chamiya, Seoni, District Bastar Chhattisgarh., .

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75.Raghu Nath S/o Shri Paradeshi Aged About 60 Years R/o Bhanpuri, District Bastar Chhattisgarh., .

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---- Petitioners

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Revenue Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh

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The Collector District Bastar, Jagdalpur Chhattisgarh

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The Sub Divisional Officer And Land Acquisition Officer Jagdalpur, District Bastar Chhattisgarh

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The Union Of India Through The Secretary, Department Of Railway, Government Of India, New Delhi

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The Divisional Railway Manager South East Central Railway, Railway Colony, Bilaspur, Railway Station, Bilaspur, District Bilaspur Chhattisgarh

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Chief Administration Officer (Construction), Jagmal Chowk, Bilaspur, District Bilaspur Chhattisgarh

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Personal Chief Personnel Officer Through Dy Chief Personnel Officer (Hq) Headquarter Personnel Department, 1st Floor, GM's Office, Bilaspur, Chhattisgarh. 495004

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---- Respondents

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For Petitioners	: Shri Alok Kumar Dewangan, Advocate
For Respondent/State	: Shri Sumit Singh, PL
For Respondent/Railways	: Shri Abhishek Sinha, Advocate

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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15/04/2019

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Heard.

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Learned counsel for the petitioners would submit that the land of the petitioners were acquired and adequate compensation has not been paid, therefore, the respondent-railways may be directed to grant suitable compensation to the petitioners.

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Considering the entire facts situation of the case, it is directed that if the petitioners are at all aggrieved by the quantum of compensation then they have the remedy as available to them under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013'), therefore, the liberty is given to the petitioners to make suitable application, if so advised, under Section 64 of the Act, 2013 before the appropriate authority and in such case, the appropriate authority shall act according to the mandate of Section 64 of the Act, 2013 and the said application shall be decided within a period of 30 days from the date of presentation of this order.

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It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own

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merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

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With such observation the petition stands disposed of.

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Sd/Goutam Bhaduri Judge

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Ashu

Kailash Das v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kailash Das v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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