Maheshwar Kumar v. State of Chhattisgarh

Chhattisgarh HC23 Jul 2025WPC/2695/2023

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPC No. 2695 of 2023; decided 24.07.2025; Arvind Kumar Verma, J.; Article 226 writ petition; landowner sought initiation/conclusion of land acquisition and compensation for Khasra No. 1517/1 (0.121 ha), village Karhi Bazar, Tehsil Bhatapara, allegedly taken for road construction without award; petition disposed with direction to decide pending representations (Annexure P-3) within 6 months subject to fact verification.

What did the court decide?

Direction to the concerned respondent authorities to consider and decide the petitioner's pending representations (Annexure P-3), subject to verification of facts, preferably within an outer limit of '06 months' from the date of receipt of copy of the order, in accordance with law. ¶¶34

Maheshwar Kumar Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities failed to perform their statutory duties by taking the petitioner's land (Khasra No. 1517/1) for road construction without initiating and concluding land acquisition proceedings and without passing an award or paying compensation. +1 more

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Court's answer

It is not in dispute that the land bearing Khasra No. 1517/1, area 0.121 hectares, situated at village Karhi Bazar, belongs to the petitioner and has been acquired by the respondent authorities for construction of the road.

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Ratio / Principle

The writ petition is disposed of at this stage, directing the concerned respondent authorities to consider and decide the petitioner's pending representations (Annexure P-3), subject to verification of facts, preferably within an outer limit of '06 months' from the date of receipt of a copy of the order, in accordance with law.

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Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (WPC No. 2695 of 2023, decided 24.07.2025, Arvind Kumar Verma, J.): The petitioner, owner/bhoomi swami of Khasra No. 1517/1 (0.121 hectares), village Karhi Bazar, Tehsil Bhatapara, filed a writ petition under Article 226 alleging that the Public Works Department authorities took possession of his land for road construction without initiating or concluding acquisition proceedings and without passing any award or paying compensation, despite his representations and a demarcation report. The State relied on a Naib Tahsildar inspection report dated 10.08.2023 (following the Executive Engineer's letter dated 08.08.2023), which noted a road already constructed on the khasra. Recording that it was 'not in dispute' that the land belongs to the petitioner and stands acquired for the road, the Court disposed of the petition, directing the respondents to consider and decide the petitioner's pending representations (Annexure P-3), subject to verification of facts, preferably within six months of receipt of the order, in accordance with law.

2025:CGHC:35884

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2695 of 2023

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Maheshwar Kumar S/o. Shri Gangasagar Ghritlahre, Aged About 48 Years Owner Of Land Bearing Khasra, No. 1517/1, R/o. Ward No. 20, Civil Lines, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

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2 - Sub Divisional Officer (R), Cum Land Acquisition Officer, Bhatapara, District Baloda Bazar, Bhatapara Chhattisgarh

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3 - Collector, Baloda Bazar, District - Baloda Bazar - Bhatapara Chhattisgarh

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4 - Chief Engineer, Public Works Department, Raipur District - Raipur Chhattisgarh.

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---- Respondents

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----------------------------------------------------------------------------------------------- For Petitioner : Mr. Sushobhit Singh, Advocate. For Respondent-State : Ms. Nupur Trivedi, PL.

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----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

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24.07.2025

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1. With the consent of the parties, matter is heard finally.

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2. This writ petition has been preferred under Article 226 of the

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Constitution of India seeking following reliefs:

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“10.1 That, this Hon'ble Court may kindly be pleased to issue a suitable writ, order, directions and direct the respondent/state authorities to initiate the acquisition proceedings over the petitioner's land bearing khasra no. 1517/1 situated at village Karhi Bazar, Tahsil Bhatapara, District Baloda Bazar Bhatapara (C.G.) and the respondents may be further directed to conclude the acquisition proceedings within a stipulated period of time and pass award and disburse compensation in favour of the petitioner.

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10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to acquire the petitioner's land by following due process of law and by publishing notification and the respondents be further directed to pass final award and grant suitable compensation in lieu of the acquisition of petitioner's land.

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10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.

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3. Relevant facts for disposal of this writ petition are that the instant writ petition is preferred against inaction and willful negligence of the respondent-authorities/State, whereby the authorities have failed to perform their mandatory statutory duties by not initiating and concluding the land acquisition proceedings over the petitioner's bhoomi swami lands. The authorities have obtained possession and acquired the bhoomi swami land belonging to the petitioner for construction of Road and the petitioner's land is lying under possession for the road constructed by the respondents-authorities. The respondent -authorities have acquired the petitioner’s land without passing any award/paying

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any compensation.

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4. Learned counsel for the petitioner submits that the petitioner is bhoomi swami of land bearing Khasra no.1517/1 situated at village -Karhi Bazar, R.I. Circle Nipaniya, Tahsil Bhatapara, District Baloda Bazar Bhatapara (C.G.) and said land is recorded in his name in the revenue record. The respondent -authorities have acquired the petitioner’s land for construction of the road and till date has not paid any compensation. In this regard, petitioner have submitted various representations Annexure P-2 before the concerned respondents-authorities, to which, respondent-authorities have conducted a spot inspection and submitted a demarcation report Annexure P-2 which would conclusive prove that land of the petitioner is lying under the possession of the respondentauthorities for the construction of the road. Hence, he prayed that a direction be issued to concerned respondents-authorities to conclude the acquisition proceedings by passing of the award and disbursing the compensation to the petitioner towards his acquired land.

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5. Learned State Counsel contended that if any representation of the petitioner is pending before the concerned respondent-authority same will be decided expeditiously in accordance with law. She further submits that respondent-State have already filed the reply alongwith acknowledgment dated 14.09.2023.

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6. Heard learned counsel for the parties.

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7. Relevant portion of reply filed by the respondents/State extracted herein-below:

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“Para-3 . It is the respectful submission of the answering respondents that, in relation to the instant case and looking to the claim of the petitioner regarding acquisition of land and grant of compensation, the Executive Engineer, Public Works Department (B/R) Balodabazar vide its letter dated 08/08/2023, asked the Naib Tahsildar, Nipaniya to conduct inspection whether the petitioner's land is being affected under the construction of road namely Khapri-Silwa-PathariyaPasid-Rampur-Lalpur-Karhibazar or not and provide appropriate information. In response to the said communication the Naib Tahsildar, Nipaniya initiated proceeding, wherein, a report from the concerned Patwari Halka No. 27 submitted a report, according to which, in the land Khasra No. 1517/1 there is already a road constructed while the land in Khasra No. 1564/1 & 1579/1 are agriculture land and there is cultivation made. It has also been reported that the land at Khasra No. 1517/1 is situated in 500 meter distance of the under constructed Khapri-Silwa-Pathariya-PasidRampur-Lalpur-Karhibazar road. It is further submitted that, the Naib Tahsildar, Nipaniya, District BalodabazarBhatapara submitted a report before the Executive Engineer, Public Works Department, Balodabazar on 10/08/2023. In order to substantiate the above fact, a copy of the letter dated 08/08/2023 alongwith report of the Naib Tahsildar, Nipaniya and other relevant documents are being filed & marked herewith as ANNEXURE R/1 for kind perusal of this Hon'ble Court.”

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8. In view of above, it is not in dispute that above land bearing Khasra no.1517/1 area 0.121 hectares situated at village -Karhi Bazar belongs to the petitioner and same has been acquired by the respondentsauthorities for for construction of the road.

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9. Considering above facts of the case, submissions of counsel for the parties, writ petition is disposed of at this stage directing the concerned respondents-authorities to consider and decide the pending representations of the petitioner Annexure P-3, subject to verification of facts of the case, preferably within an outer limit of ‘06 months’ from the date of receipt of copy of this order in accordance with law and as per above observation made by this Court.

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CC as per rules. Sd/- (Arvind Kumar Verma)

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Judge

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J/-

Maheshwar Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Maheshwar Kumar v. State of Chhattisgarh

Case brief

What is this about?

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