Paharu Ram Bareth Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Paharu Ram Bareth Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to file a fresh representation along with all relevant documents and copy of the order before the SDO (R) Janjgir within 15 days; Respondent No. 6 to decide the representation after hearing all concerned parties within 6 months of receipt, in accordance with law, subject to verification of all documents. No monetary compensation adjudicated or awarded by this Court.

Issue for consideration

Whether Respondent No. 4 should be directed to pay compensation of Rs. 2,25,00,000/- as prayed in prayer clause (ii) for construction of road on Khasra No. 291/1 in Raigarh city, District Raigarh (admeasuring 3200 sq ft, plus drains of 300 sq ft) — note: this prayer's factual referent differs from the facts pleaded (khasra no. 1036/3, Village Bodsara, acquired for rail line). +2 more

Ratio / Principle

Instead of keeping the writ petition pending, the Court found it appropriate to dispose of the same at that stage, directing the petitioner to file a fresh representation along with all relevant documents and a copy of the order before the SDO (R) Janjgir within 15 days from the date of receipt of a copy of the order.

Key takeaways

Respondent No. 6 (the Sub-Divisional Officer (Revenue), Janjgir) shall decide the petitioner's representation after hearing all the concerned parties within 6 months from the date of receipt of the representation filed by the petitioner, in accordance with law and subject to verification of all the documents.ratio¶¶29

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (Arvind Kumar Verma, J., single Bench), order dated 11/07/2025 in WPC No. 1979 of 2023. Petitioner Paharu Ram Bareth sought compensation in lieu of land khasra no. 1036/3 (0.10 acre), Village Bodsara, Tahsil Janjgir, District Janjgir-Champa, which he alleges was recorded in the name of one Late Girdhari due to fraud; the land was acquired by CSPDCL for construction of a rail line and an award assessing Rs. 1,40,000/- was passed in favour of Late Girdhari son of Lagansai as recorded owner. By order dated 28.05.2018 the S.D.O. allowed the petitioner's appeal and set aside the mutation order dated 28.02.2011, whereupon the land was mutated in the petitioner's name; his application dated 10.01.2023 to the Collector for compensation remained unattended. Counsel for the respondents raised no objection to the limited prayer for consideration of the pending application. Disposing of the petition instead of keeping it pending, the Court directed the petitioner to file a fresh representation with all relevant documents and a copy of the order before the SDO (R) Janjgir within 15 days, and Respondent No. 6 to decide it after hearing all concerned parties within 6 months of receipt, in accordance with law, subject to verification of all documents. The Court issued no finding on entitlement to, or quantum of, compensation (Rs. 2,25,00,000/- was sought in prayer clause (ii)).

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2025:CGHC:32225

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1979 of 2023

1 - Paharu Ram Bareth S/o Shri Panchram Bareth Aged About 65 Years R/o Village And Post- Banari, District- Janjgir- Champa At Present R/o Village Risdi, Tahsil And District- Korba, Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Energy Department, Mahanadi Bhawan Mantralaya, New Raipur, District : Raipur, Chhattisgarh 2 - Chhattisgarh State Power Generation Company Limited (An Enterprises Of Government Of Chhattisgarh), Through Its Managing Director, Dagania Raipur, District : Raipur, Chhattisgarh

3 - The Executive Director Chhattisgarh State Power Generation Company Limited, Raipur, District : Raipur, Chhattisgarh

4 - The Executive Engineer (Civil) Office Of Superintending Engineer (Civil) Circle-Iii, Vidyut Grih Madwa- Tendubhatha, District : Janjgir-Champa, Chhattisgarh

5 - The Collector Janjgir, District : Janjgir-Champa, Chhattisgarh

6 - The Sub- Divisional Officer (Revenue) Janjgir, District : Janjgir-Champa, Chhattisgarh ----Respondents

(Cause-title taken from Case Information System)

For Petitioner : Mr. Krishna Kumar Dewangan, Advocate For Respondent No. 1, 5 & 6 : Ms. Nupur Trivedi, P.L. For Respondent No. 4 : Mr. Pankaj Agrawal, Advocate

Hon’ble Shri Arvind Kumar Verma Order on Board

11/07/2025

1. Counsel for the Petitioner prays for the following relief(s):-

Digitallysigned byJYOTI JHA Date:2025.07.1611:04:22+0530

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(i)That, the Hon’ble Court be pleased to call for the entire records in connection of the petitioner’s cases.

(ii) That the Hon’ble Court be further pleased to direct the Respondent No. 4 to pay the amount of compensation of Rs. 2,25,00,000/- for construction of road on Khasra No. 291/1 in Raigarh city District Raigarh admeasuring area 3200 square fit and drains of area 300 square fit.

(iii) That the Hon’ble Court be further pleased to direct the Respondent No. 4 to consider and decide the representations regarding grant of compensation of the land of Khasra No. 291/1 of the petitioners.

(ii)Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.

2. Learned counsel for the petitioner submits that the land bearing khasra no. 1036/3 admeasuring area 0.10 acre situated at Village Bodsara, Tahsil- Janjgir, District-Janjgir-Champa (C.G.) was of the petitioner, but due to playing fraud, the said land was recorded in the name of one Late Girdhari in revenue records. The aforesaid land bearing khasra no. 1036/3 admeasuring area 0.10 acre was acquired by the CSPDCL for construction of rail line and after acquisition proceedings, the award was passed, whereby assessed the compensation of Rs. 1,40,000/-. As the land bearing khasra no. 1036/3 was mutated in the name of Late Girdhari, therefore the award was passed for payment of compensation in favour of Late Girdhari son of Lagansai. After knowledge of mutation order dated 28.02.2011 whereby the aforesaid land was mutated in the name of Late Girdhari son of Lagansai, the petitioner filed an appeal before the Sub-Divisional Officer and vide order dated 28.05.2018, the S.D.O. has allowed the appeal and set-aside the mutation order dated 28.02.2011.On the basis of order of S.D.O. dated 28.05.2018, the aforesaid land bearing khasra no. 1036/3 has been mutated in the name of petitioner. On 10.01.2023, the petitioner filed an application before the respondent Collector for grant of compensation in respect of acquired land, but till date the respondent authorities have not granted single penny to the petitioner towards compensation in lieu of acquired land. Therefore, he prays for a direction to the respondent-authorities for grant of compensation amount in lieu of acquired land.

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3. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondents to consider the pending application towards payment of compensation, he is having no objection to the limited prayer and if the application of the petitioner is pending, it will be considered in accordance with law.

4. I have heard learned counsel for the parties and perused the material available on record.

5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the petitioner to file a fresh representation along with all relevant documents and copy of this order before the SDO (R ) Jangir within a period of 15 days from the date of receipt of copy of this order. In turn, the respondent No. 6 shall decide the representation of the petitioner after hearing all the concerned parties within a period of 6 months from the date of receipt of representation filed by the petitioner in accordance with law, subject to verification of all the documents.

6. With the aforesaid direction, the writ petition is disposed of.

Sd/-

( Arvind Kumar Verma ) Judge

Jyoti