Ramnarayan Jaiswal Vs State of Chhattisgarh

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2025:CGHC:9823

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Digitally signed by RAHUL RAHUL JHA JHA Date:2025.02.28 10:32:51 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1106 of 2025

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1 - Ramnarayan Jaiswal S/o Late Hari Prasad Jaiswal Aged About 67 Years R/o Village Dipka, Tahsil Katghora (Now Tahsil- Dipka), District- Korba (C.G.) 2 - Shiv Prasad Jaiswal S/o Late Hari Prasad Jaiswal Aged About 62 Years R/o Village Dipka, Tahsil Katghora (Now Tahsil- Dipka), District- Korba (C.G.) 3 - Laxminarayan Jaiswal S/o Late Hari Prasad Jaiswal Aged About 57 Years R/o Village Dipka, Tahsil Katghora (Now Tahsil- Dipka), District- Korba (C.G.)

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4 - Parmesshwar Jaiswal S/o Late Hari Prasad Jaiswal Aged About 50 Years R/o Village Dipka, Tahsil Katghora (Now Tahsil- Dipka), District- Korba (C.G.)

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5 - Sanjay Jaiswal S/o Late Hari Prasad Jaiswal Aged About 46 Years R/o Village Dipka, Tahsil Katghora (Now Tahsil- Dipka), District- Korba (C.G.) 6 - Rajesh Jaiswal S/o Late Hari Prasad Jaiswal Aged About 38 Years R/o Village Dipka, Tahsil Katghora (Now Tahsil- Dipka), District- Korba (C.G.) 7 - Smt. Ganesh Devi W/o Late Chandrika Prasad Mehto Aged About 70 Years R/oVillageBarpali, District Korba (C.G.) 8 - Smt. Ramkali W/o Chabichand Kaushik Aged About 54 Years R/o- Village Tarda, Tahsil Katghora, DistrictKorba (C.G.) 9 - Smt. Sushila W/o Late Tulsi Ram Aged About 48 Years R/o- VillageMatiyari, P.S. Sipat, DistrictBilaspur (C.G.) 10 - Smt. Anima Devi W/o- Sanat Kumar Aged About 45 Years R/oTendubhata, Tahsil- Champa, District- Janjgir-Champa (C.G.)

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11 - Inderpal Singh S/o Late Itwar Singh Aged About 37 Years R/o Bastipara, Devgaon, Tahsil- Dipka, District- Korba (C.G.)

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12 - Shivnath Singh S/o Late Itwar Singh Aged About 35 Years R/o Bastipara, Devgaon, Tahsil- Dipka, District- Korba (C.G.)

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13 - Smt. Bhuvan Singh W/o Late Itwar Singh Aged About 65 Years R/o Bastipara, Devgaon, Tahsil- Dipka, District- Korba (C.G.)

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Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through- The Secretary To The Government Chhattisgarh, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (C.G.)

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2 - Union Of India Through The Secretary To The Department Of Railway, Raisina Road, Rail Bhawan, 1, New-Delhi

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3 - South Eastern Central Railway Through The General Manager, Bilaspur Chhattisgarh, District Bilaspur, Chhattisgarh

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4 - The Collector, Korba Tahsil And District Korba (Chhattisgarh)

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5 - Sub Divisional Officer (Revenue) Katghora Cum Land Acquisition Officer Katghora, District- Korba (C.G.)

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6 - Commissioner (Revenue) Commissioner Bilaspur Division, Collectorate Office, Bilaspur (C.G.)

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Respondent(s)

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For Petitioner(s) : Mr. Sourabh Sharma, Advocate For State : Mr. Bharat Rajput, PL For Resp No. 2 & 3 : Mr. R.K. Mishra, DSGI

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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27/02/2025

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By the present writ petition, the Petitioners are seeking a limited prayer to direct the respondents’ authorities to decide the applications filed by

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them under Section 20 (F) (6) of the Indian Railway Act, 1989 (hereinafter referred to as ‘the Act, 1989’) by which, the petitioners are seeking determination of market value of the land under Section 20 (g) of the Act, 1989.

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Learned counsel for the petitioners submits that the petitioners have submitted applications/representations under Section 20 (F) (6) of the Act, 1989 before the Collector on 25/01/2021, however, no order has been passed by the Collector till date.

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Learned counsel for the State as well as for respondent No. 2 & 3 would submit that the petitioners have moved the applications/representations under Section 20 (F) (6) of the Act, 1989 before the Collector, whereas, the representations/applications should have been made before the Divisional Commissioner, Bilaspur/Additional Commissioner as they are the appropriate authorities to decide the applications filed under Section Section 20 (F) (6) of the Act, 1989 for demarcation of market value of the land under Section 20 (g) of the Act, 1989.

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I have heard learned counsel for the parties and perused the pleadings as well as documents annexed with the writ petition.

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In view of the submissions made by learned counsel for the State as well as respondent Nos. 2 & 3, the petitioner is at liberty to approach before Commissioner Bilaspur Division/respondent No.6 for redressal of his grievance as raised in the instant petition.

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Needless to say that this Court hopes and trust that in the event of filing of representations/applications under Section 20 (F) (6) of the Act, 1989

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by the petitioners before respondent No.6/Divisional Commissioner, Bilaspur, the same shall be considered and decided within a stipulated period, preferably as early as possible.

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With the aforesaid liberty as well as directions, the writ petition is disposed of.

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Certified copy of award be returned back to the counsel for the petitioners after retaining the photocopy of the same.

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Sd/- (BIBHU DATTA GURU) JUDGE

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Rahul

Ramnarayan Jaiswal v. State of Chhattisgarh

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Ramnarayan Jaiswal v. State of Chhattisgarh

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