Rajkumari Vs the Chhattisgarh State

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1

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Digitally signed by SHAYNA KADRI

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2025:CGHC:16219

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 216 of 2024

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1 - Rajkumari Daughter Of Balbhadra Aged About 65 Years R/o Nagar Panchayat, Premnagar, Police Station And Tahsil Premnagar, District - Surajpur, Chhattisgarh.

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... Petitioner(s)

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versus

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1 - The Chhattisgarh State Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur, Chhattisgarh.

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2 - The Collector, Surajpur, District - Surajpur, Chhattisgarh.

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3 - The Sub - Divisional Officer (Revenue) / Land Acquisition Officer, Surajpur, District - Surajpur, Chhattisgarh.

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4 - The Sub- Divisional Offier (Revenue) / Land Acquisition Officer, Ramanujnagar, District - Surajpur, Chhattisgarh.

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5 - The Executive Enigneer, Public Works Department, Surajpur, District - Surajpur, Chhattisgarh.

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6 - The Tahsildar, Premnagar, District - Surajpur, Chhattisgarh.

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... Respondent(s)

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(Cause-title is taken from Case Information System)

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For Petitioner	:	Mr. Rahul Mishra,	Advocate
For State	:	Mr. Satish Gupta,	Government Advocate

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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07/04/2025

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1. Petitioner has filed this writ petition seeking following reliefs :

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“10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to give compensation to the petitioner against acquisition of land bearing old khasra no. 293/2 (new khasra no. 123), rakba 0.02 hectare in accordance with law, with interest.

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2

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10.2 That this Hon'ble Court may kindly be pleased to direct the respondent no. 3 & 4 to decide the application/representation of the petitioner in accordance with law. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

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Facts of the case, in a nutshell, are the petitioner is challenging the illegal and arbitrary action of Respondent No. 3, i.e., the Sub-Divisional Officer (Revenue)/Land Acquisition Officer, who has failed to provide compensation for the acquisition of the land of petitioner bearing Khasra No. 123, Rakba 0.08 hectare, situated at Village Premnagar, P.H. No. 18, Tahsil Premnagar, District Surajpur (C.G.). Land bearing old Khasra No. 293/2 (now Khasra No. 123), Rakba 0.101 hectare, located at Village Premnagar, District Surajpur, was purchased by the petitioner from Bhandari and Dwarika through a registered sale deed dated 06.12.1985. The petitioner filed an application for correction in the map of the land bearing old Khasra No. 293/2 (new Khasra No. 123) before the Tahsildar, Premnagar, District Surajpur (C.G.). A spot inspection report was submitted by the Patwari, Premnagar, to the Tahsildar, Premnagar, in which it was found that out of the land bearing old Khasra No. 293/2, Rakba 0.101 hectare, a portion measuring 0.02 hectare had been acquired for the widening of the main road from Tara to Ramanujnagar. Therefore, correction of the map was deemed not possible. Based on this report, the Tahsildar rejected the application of petitioner for correction of the map. On 21.01.2021, the petitioner submitted an application before Respondent No. 3 for compensation for the acquired portion of land bearing old Khasra No. 293/2 (new

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3

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Khasra No. 123), Rakba 0.02 hectare, used in the road widening project from Tara to Premnagar. The land of petitioner was acquired without issuing any notice regarding such acquisition. Furthermore, no compensation has been provided by Respondent No. 3 for the land acquired for road widening. On 24.02.2023, the petitioner again submitted a representation to the Sub-Divisional Officer (Revenue), Ramanujnagar, District Surajpur (C.G.), requesting compensation for the acquired land. Subsequently, on 21.08.2023, the petitioner submitted another representation to Respondent No. 3, reiterating the request for compensation. However, the respondent authorities have not considered or decided upon the application/representation submitted by petitioner till date.

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Learned counsel for the petitioner argues that petitioner is the owner of land bearing khasra No. 293/2 (new Khasra No. 123), Rakba 0.08 hectare, situated at Village Premnagar, P.H. No. 18, Tahsil Premnagar, District Surajpur (C.G.). A portion measuring 0.02 hectare has been acquired for the widening of the main road from Tara to Ramanujnagar. Due to change in khasra number, respondent authorities are not considering case of petitioner. He submits that records are available, from perusal of which, shows that khasra No. 293/2 has now been changed to Khasra No. 123. It is further contention of learned counsel for the petitioner, at this stage, that petitioner is seeking a limited prayer that respondent – authorities may be directed to consider application / representation filed by petitioner and to pass appropriate orders.

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Learned State counsel submits that he has no objection to the limited prayer sought by petitioner with respect to direction to respondent –

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authority to consider application / representation submitted by petitioner.

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I have heard learned counsel for the parties and also perused the documents annexed along with the record.

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Taking into consideration the aforesaid aspect of the matter and submission of learned counsel for petitioner that application / representation filed by petitioner is pending till date, respondent No. to 4 are directed to consider case of petitioner along with all the documents and if case of petitioner seems to be justified, pass appropriate orders. It is made clear that this Court has not expressed any opinion on merits of the case. Petitioner is directed to appear before the concerned authorities within 15 days and, in turn, the concerned authorities are directed to decide the same within 60 days.

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With the aforesaid observation and direction, this writ petition is disposed of.

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Sd/-

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( Amitendra Kishore Prasad )

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JUDGE

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Shayna

Rajkumari v. the Chhattisgarh State

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Rajkumari v. the Chhattisgarh State

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