Pramod Kumar Buxy Vs State of Chhattisgarh

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Digitallysigned byJYOTI JHADate:2025.07.1718:15:48+0530

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2025:CGHC:33501

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2942 of 2025

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1 - Pramod Kumar Buxy S/o Late Venkat Lal Buxy Aged About 68 Years R/o House No. 13, Ghotiya Road Ward No. 26, Kawardha District - Kabirdham (C.G.)

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2 - Ram Pal Singh S/o Late Dhur Singh Thakur Aged About 60 Years R/o House No. 13/ K Ghotiya Road Shiv Mandir Ke Samane Kawardha District - Kabirdham (C.G.)

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3 - Komal Gandhi W/o Harish Chand Gandhi Aged About 45 Years R/o House No.06/ Kk Ghotiya Road Ward No. 26, Kawardha District - Kabirdham (C.G.)

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4 - Abida Parvin W/o Haidar Ali Aged About 59 Years R/o House No. 05 Village Kawardha Tahsil Kawardha District - Kabirdham (C.G.)

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5 - Shiv Kumar Sahu S/o Alakh Sahu Aged About 45 Years R/o House No. 63, Mahamaya Para, Karesara, Kawardha, District - Kabirdham (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary Urban Administration And Development Mahanadi Bhawan Mantralaya Capital Complex New Raipur District - Raipur (C.G.)

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2 - The Collector Kawardha District - Kabirdham (C.G.)

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3 - Sub Divisional Officer (Revenue ) Kawardha District - Kabirdham (C.G.)

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4 - Executive Officer Public Work Department Kawardha District - Kabirdham (C.G.)

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5 - Municipal Council Kawardha Through Its Chief Municipal Officer Kawardha District - Kabirdham (C.G.)

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6 - Tehsildar Kawardha District - Kabirdhma (C.G.)

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----Respondents

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(Cause-title taken from Case Information System) For Petitioner : Ms. Ankita Shukla, Advocate For Respondent-State : Ms. Nupur Trivedi, P.L.

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Hon’ble Shri Arvind Kumar Verma Order on Board

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16/07/2025

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1. Learned counsel for the petitioner submits that the present

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petition is being made against the illegal, arbitrary and unreasonable action of the respondent authorities by which the respondent authorities have demolish the part of house and shops while acquired the land bearing khasra no. 331/6 rakba0.2000 hector, khasra no. 331/5 rakba 0.2000 hector, khasra no. 331/4 rakba-0.0080 hector. khasra no. 331/27 rakba 0.0070 hector, khasra по. 331/21 rakba 0.0100 hector situated at Kawardha, Tehsil Kawardha, Distt- Kabirdham (C.G) for construction (widening) of road and drainage, in which the petitioners were in possession since last 15 years also the petitioner were invested the large amount in the subject land for construction of house and shop for their livelihood but the respondent authorities forcibly acquired the land of petitioners and forcibly damage the house and shop of petitioners. therefore the action of respondent authorities is illegal, arbitrary and contrary to law.

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2. It is further submitted that the plan for widening of the subject land has been underway for the past several years and final action was prepared in which a plan was prepared and agreed upon to keep the road 40 feet wide, 20-20 feet's on both sides from the center and it was communicated orally to the petitioners and other people and they had given their consent orally for the development of the area, although the petitioners land and residential room/shop were also getting affected due to the said widening of road.

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3. It is further submitted that suddenly on 22.02.2025, in the afternoon the staff of the Revenue Department came and started marking the road on both sides by saying that it has to be widened by 25-25 feet's both side from the center, due to which the land owned by the petitioners and the residential rooms/shops, column, etc. built on the said subjected land got affected, therefore, the action of respondent authorities is illegal, arbitrary and contrary to law.

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4. The petitioner has made several representation before the authorities not to raise any construction and acquire the land of the petitioner but till date the same has not been considered, therefore he prays for a direction to the concerned authorities to decide his representation.

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5. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending application dated 23.04.2025, they are having no objection to the limited prayer and if the claim of the petitioner is pending, it will be considered in accordance with law.

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

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7. 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 respondent-authorities to

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consider/decide the pending representation dated 23.04.2025 of the petitioner on its own merits in accordance with rules and regulations within a period of 6 months from the date of receipt of copy of this order.

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8. It is made clear that this Court has not observed anything on the merits of the case.

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

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Sd/-

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( Arvind Kumar Verma )

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Judge

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Jyoti