Hemsagar Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Hemsagar Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned Additional District Judge, Sakti to conclude the proceeding initiated on application of respondent No.4 under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 in accordance with law expeditiously.

Issue for consideration

Whether the writ petition seeking a direction for payment of compensation on the basis of the order dated 22.01.2022 passed by the Competent Authority (respondent No.3-SDO) is maintainable when that order is itself under challenge in a proceeding under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 before the learned Additional District Judge, Sakti. +1 more

Ratio / Principle

This writ petition is disposed of with a direction to the learned Additional District Judge, Sakti to conclude the proceeding initiated on application of respondent No.4 under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 in accordance with law expeditiously.

Detailed headnote1 paragraphs

Writ Petition (WPC No. 1681 of 2022, High Court of Chhattisgarh at Bilaspur, Parth Prateem Sahu, J., order dated 02/12/2025). The petitioner sought a direction to the respondents for payment of compensation on the basis of order no.134/A.V.A./Bhu-arjan/2022 dated 22.01.2022 passed by the Competent Authority (respondent No.3-SDO). Respondent No.4 (National Thermal Power Corporation Limited) contended that the said order was under challenge before the learned Additional District Judge, Sakti in a proceeding under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004, and that the writ petition was therefore not maintainable in its present form. Counsel for the petitioner submitted that, the statutory proceeding being pending since long, the petition be disposed of with a direction for its expeditious conclusion. The Court disposed of the writ petition directing the learned Additional District Judge, Sakti to conclude the proceeding initiated on the application of respondent No.4 under the said provisions in accordance with law expeditiously. No precedent was relied upon and no amount or cost was awarded.

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SYED ROSHAN ZAMIR ALI

Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.03 17:52:49 +0530

2025:CGHC:58349

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1681 of 2022

Hemsagar S/o Ghasnshyam Patel, Aged About 40 Years R/o Village Kanshidih Tehsil Dabhara District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

... Petitioner(s)

versus

State of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh

Collector Janjgir Champa District Janjgir Champa Chhattisgarh,

Sub Divisional Officer (Revenue) Cum Land Acquisition Officer, Dabhra, District Janjgir Champa Chhattisgarh.

National Thermal Power Corporation Limited Office At Lara Tehsil Pusour District Raigarh Chhattisgarh.

... Respondents

For Petitioner : Mr. Kamal Kishore Patel, Advocate For Respondent No.1 to 3 : Mr. Pranjal Shukla, Panel Lawyer For Respondent No.4 : Mr. Anoorup Panda, Advocate

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

02/12/2025

Petitioner has filed this writ petition praying for following

reliefs:-

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“10.1. That this Hon’ble Court kindly be pleased to direct the respondents for payment of compensation on the basis of order passed by Competent Authority vide its order no.134/A.V.A./Bhu-arjan/2022 Dabhara Dated 22.01.2022.

10.2. Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners. “

Learned counsel for respondent No.4 would submit that the order dated 22.1.2022 passed by respondent No.3-SDO for compliance of which a direction is sought by petitioner in this writ petition, is under challenge in a proceeding filed under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 before the learned Additional District Judge, Sakti. He contended that once the order itself is under challenge, writ petition in its form is not maintainable.

At this stage, learned counsel for petitioner would submit that as proceeding under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 filed before learned Additional District Judge, Sakti is pending consideration since long, therefore, this writ petition may be disposed of with a direction to concerned authority to conclude said proceeding expeditiously.

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Heard learned counsel for respective parties and perused the documents available in record of writ petition.

Considering submissions of learned counsel for respective parties, this writ petition is disposed of with a direction to the learned Additional District Judge, Sakti to conclude the proceeding initiated on application of respondent No.4 under Section 16 of the Indian Telegraph Act, 1885 read with Section 10 (3) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in land) Act, 2004 in accordance with law expeditiously.

Sd/(Parth Prateem Sahu) Judge

roshan/-