Vijay Mishra Vs State of Chhattisgarh

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1

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2025:CGHC:39945

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1482 of 2025

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Vijay Mishra S/o Late Sh. Tarashankar Mishra Aged About 49 Years R/o C-21/14-A Maldahiya Pisachmochan Chetganj Varanasi Uttar Pradesh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh

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2 - Collector District Rajnandgaon Tehsil And District Rajnandgaon Chhattisgarh

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3 - Sub Divisional Officer (Revenue) Office Of The Sub Divisional Magistrate Rajnandgaon, Chhattisgarh

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4 - Revenue Inspector Revenue Circle Rajnandgaon District Rajnandgaon Tehsil And District Rajnandgaon (C.G.)

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5 - National Highway Authority Through Project Director Project Implementation Unit, Block F-5 Shivraj Greens, Sihava Road, Dhamtari, Chhattisgarh

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... Respondent(s)

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----------------------------------------------------------------------------------------------- For Petitioner : Mr. Arijit Tiwari, Advocate. For Respondent-State : Ms. Upasana Mehta, Dy. GA. For Respondent/National Highway : Mr. Dhiraj Wankhede, Advocate.

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Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

08.08.2025

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1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following relief:

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“10. RELIEF(S) SOUGHT:

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(I). That, this Hon'ble Court may kindly be pleased to direct the concerned respondent authorities to take the cognizance of the representation of the petitioner dated 13.08.2024 (ANNEXURE P/4) pertaining to the case of the Petitioner.

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(ii). That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction to Respondents more particularly to Respondent Authorities for the correction of the petitioner's name in the revenue records of the land bearing Khasra Number 1652/14, is located at Village Tendesara Samriddhi Paarisar, NH6, and encompasses an area of 0.047 hectares within a specific time frame.

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(iii). That, Cost of the Petition may be awarded to the Petitioner as per the wisdom of this Hon'ble Court.”

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2. By way of this writ petition, petitioner is challenging inaction on the part of the respondent-authorities regarding correction of his land records for Khasra No.1652/14 situated in village -Tendesara Samriddhi Paarisar, NH-6, allegedly acquired by respondent/NHAI for Bharatmala Pariyojna project without paying any amount of compensation, which is violating the doctrine of eminent domain. Despite an affidavit by NHAI in a previous writ petition (WPC No. 1348 of 2024) stating that the land was not acquired, the authorities have failed to update the land records, causing the petitioner mental distress and financial hardship.

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3. Learned counsel for the petitioner contended that he has filed memo dated 09.05.2025 issued by the Land Acquisition Officer alongwith

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3

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covering memo dated 05.08.2025 showing irregularities committed by the Authority with regard to the disbursement of compensation against the acquisition of the land of the petitioner. In this regard, petitioner has submitted multiple representations before the concerned respondentauthority which are still pending for consideration, hence, a direction be issued to the concerned authority to take the cognizance on the pending representations.

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4. Learned counsel for the respondents contended that if petitioner files the fresh representation before the Competent Authority for Land Acquisition (CALA), same shall be consider and undisputed amount of compensation be disburse to the petitioner as per relevant rule/law.

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5. Heard learned counsel for the parties and perused the memo dated 09.05.2025 issued by the Land Acquisition Officer.

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6. Considering facts of the case, nature of reliefs, submissions of counsel for the parties, this writ petition is disposed of permitting the petitioner to file detailed representation before the CALA raising all grounds as raised in this writ petition within 'one week ' from the date of receipt of this order. If such representation is filed by petitioner, CALA is directed to consider and decide the same in accordance with relevant rule/law/regulation within an outer limit of ' 45 days' from the date of receipt of such representation and disburse the undisputed amount to the petitioner alongwith interest if law permits/provides.

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Sd/- (Arvind Kumar Verma) Judge

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J/-

Vijay Mishra v. State of Chhattisgarh

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Vijay Mishra v. State of Chhattisgarh

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