Smt. Krishna Devi Agrawal and Ors. Vs State Of C.g. and Ors.

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Digitally signed by RAGHVENDRA JAT Date: 2024.10.15 10:24:36 +0530

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2024:CGHC:40253

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1638 of 2013

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Smt. Krishna Devi Agrawal Wd/o Lt Mahaveer Prasad Agrawal Aged About 58 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Vishnu Agrawal S/o Lt Mahaveer Prasad Agrawal Aged About 40 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Vijay Agrawal S/o Lt Mahaveer Prasad Agrawal Aged About 29 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Vishal Agrawal S/o Lt Mahaveer Prasad Agrawal Aged About 26 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Arjun Lal Agrawal S/o Lt Ganga Sahay Agrawal Aged About 60 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Bhimsen Agrawal S/o Lt Ganga Sahay Agrawal Aged About 58 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Pawan Agrawal S/o Lt Ganga Sahay Agrawal Aged About 52 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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Ganesh Agrawal S/o Lt Ganga Sahay Agrawal Aged About 50 Years R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil And Revenue Distt Raigarh, Chhattisgarh.

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... Petitioners

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versus

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State of C.G. through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Raipur, Distt Raipur, Chhattisgarh.

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Collector, Raigarh, Distt Raigarh, Chhattisgarh.

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Sub Divisional Officer, Raigarh, Distt Raigarh,Chhattisgarh .

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Tahsildar Raigarh, Distt Raigarh, Chhattisgarh.

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Patwari P.H.No. 11, Village Amlibhouna, Tah Raigarh, Distt Raigarh, Chhattisgarh.

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Municipal Corporation Raigarh, Through The Commissioner, Municipal Corporation, Raigarh, C.G.

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... Respondents

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For Petitioners	: Mr. Hari Agrawal, Advocate.
For Respondent-	: Mr. H.A.P.S. Bhatia, PL.
State
For Respondent	: Mr. Kasif Shakeel, Advocate.
No. 6.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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14/10/2024

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The petitioner has filed this petition seeking following reliefs:- “10.1 This Hon’ble Court may kindly be pleased to direct the respondents to release the land of the petitioners from the land acquisition or order dated 13.03.2003 in Land Acquisition Case No. 03/A82/2002-03 be quashed upto the extant to the petitioner.”

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10.2 That, the Hon’ble Court further pleased to respondent authorities to mutate the land in the name of the petitioner.

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10.3 That the Hon’ble Court further pleased to grant such other relief(s) as may be deemed fit and proper

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in the interest of justice and fair play.”

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After hearing of learned counsel for the petitioner as well as learned counsel for the respondents, it seems that the petitioners have purchased the land bearing Khasra No. 282/2 vide registered sale deed dated 10.12.1996, however, after mutation of their names due to an objection raised by the previous owner mutation was cancelled and their name could not be mutated in the revenue records when the land acquisition proceedings were started. The petitioners could not came into the knowledge of the acquisition proceedings. After acquisition of the land award was prepared in the name of erstwhile land owners i.e. Nanki, Santosh & Bisahin Bai. Though the names were mutated after purchase of the property but it was subsequently deleted on an objection made by the previous owner. It has been submitted that now the name of the petitioners have been mutated in the revenue records but since at the time of acquisition of land the name of the petitioners were not recorded in the revenue records as such the amount of compensation for acquisition of land has not been disbursed to them and it is still lying before the Land Acquisition Officer as such the authorities are required to grant compensation to the petitioners being the land owners of the property at the time of acquisition of land.

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On the other hand, learned counsel for the State as well as learned counsel for respondent No. 6 made an objection stating that the matter pertains to reference under Section 18 (1) of the Land Acquisition Act, 1894 as such the petitioner is having efficacious alternative remedy to file an application under Section 18 (1) of the Land Acquisition Act, 1894.

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Section 18 (1) of the Land Acquisition Act, 1894 reads as under:- “18. Reference to Court.- (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested”.

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On bare perusal of Section 18 (1) of the Land Acquisition Act, 1894, it seems that the petitioners have wrongly approached before this Hon’ble Court seeking compensation though it has not been specifically mentioned in the writ petition as such the petitioners are granted liberty to approach before the competent Court and to file an application under Section 18 (1) of the Land Acquisition Act, 1894 stating about pendency of this petition before this Court since 2013.

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The respondent authorities may consider their application and pass an appropriate order in accordance with law.

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With this observation, the petition stands disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Smt. Krishna Devi Agrawal and Ors. v. State Of C.g. and Ors.

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Smt. Krishna Devi Agrawal and Ors. v. State Of C.g. and Ors.

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