Disposed¶33

Lagan Prasad Gupta v. State of Chhattisgarh

Chhattisgarh HC24 Mar 2025WPC/780/2020

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPC No. 780 of 2020; Lagan Prasad Gupta v. State of Chhattisgarh and others; decided 25-03-2025 by Justice Rakesh Mohan Pandey; land acquisition compensation; Khasra No. 903/2, 0.631 hectare, Village Duldula, Tehsil Kunkuri, District Jashpur; land acquired 2003 for Police Station Duldula; award of Rs. 1,31,05,926/- unpaid; SP Jashpur letter dated 15.01.2018 to DIG/PHQ for funds; direction to respondents No. 1 and 6 to decide representation within 90 days; petition disposed at admission stage.

What did the court decide?

Petition disposed of at admission stage with liberty to the petitioner to submit a representation along with the letter dated 15.01.2018 within 15 days before respondents No. 1 and 6, who are directed to decide it objectively in accordance with law, preferably within 90 days. ¶33

Lagan Prasad Gupta Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities should be directed to dispose of the proceedings for payment of the compensation award to the petitioner, and in particular to take a decision on the Superintendent of Police's letter dated 15.01.2018 addressed to respondent No. 6 for grant of funds.

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Court's answer

The Court disposed of the petition reserving liberty to the petitioner to move a representation along with the letter dated 15.01.2018 within a period of 15 days before respondents No. 1 and 6.

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Ratio / Principle

Respondents No. 1 and 6 were directed to decide the representation in an objective manner strictly in accordance with law, preferably within a period of 90 days.

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Detailed headnote1 paragraphs

Writ Petition (WPC No. 780 of 2020, decided 25-03-2025) filed by Lagan Prasad Gupta concerning non-payment of compensation for his land (Khasra No. 903/2, 0.631 hectare, Village Duldula, Tehsil Kunkuri, District Jashpur) acquired in 2003 for construction of the Police Station, Duldula building. Compensation of Rs. 1,31,05,926/- had been passed in his favour by the Land Acquisition Officer-cum-SDO(R), Kunkuri, and the claim had been referred to the Collector, Jashpur on 09.07.2016, but payment remained pending despite the Superintendent of Police, Jashpur's letter dated 15.01.2018 to respondent No. 6 (Up-Police Mahanirikshak, Yojana/Prabandh, PHQ) seeking grant of funds. The High Court disposed of the petition at admission stage, reserving liberty to the petitioner to move a representation with the said letter within 15 days before respondents No. 1 and 6, and directing them to decide it objectively and strictly in accordance with law, preferably within 90 days.

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Digitally signed by AJINKYA PANSARE Date: 2025.03.25 17:55:41 +0530

2025:CGHC:14311

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 780 of 2020

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Lagan Prasad Gupta S/o Late Shri Ramprasad Gupta Aged About 80 Years R/o Village/tahsil Kunkuri, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

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... Petitioner(s)

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versus

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1. State Of Chhattisgarh Through Its Secretary Home Department New Mantralaya Mahanadi Bhavan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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2. Collector Jashpur District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

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3. Anubhibhagiya Adhikari (Rajasva) And Land Acquisition Officer Jashpur, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

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4. Director General Of Police Chhattisgarh Police Head Quartor Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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5. Inspector General Of Police Sarguja Range Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

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6. Up-Police Mahanirikshak ( Yojana/prabandh ) Police Head Quartor Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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7. Superindent Of Police District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

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... Respondent(s)

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For Petitioner : Mr. Suresh Pandey, Advocate For State/ Respondents : Mr. Sanjeev Agrawal, P.L.

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment On Board

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25-03-2025

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1) By way of this petition, petitioner has sought following relief(s):-

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10.1. That, this Hon'ble Court may kindly be pleased to call the entire records of the case, from the respondents offices, relating the Petitioner case.

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10.2. That this Hon'ble Court be kindly be pleased to direct the Respondent authorities to dispose the proceedings of the payment of the award to the Petitioner, within fixed time limit.

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10.3. That This Hon;ble Court be pleased to restrained the Respondent authorities by taking any coercive action, against the Petitioner, as it relates with the present case, till the final adjudication of the instant Petition

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10.4. 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 also be granted in the favour of the petitioner and against the Respondents.

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2) Learned counsel for the petitioner submits that land of the petitioner bearing Khasra No. 903/2 ad-measuring 0.631 hectare situated over Village-Duldula, Teh.-Kunkuri, District- Jashpur was acquired for construction of the building of Police Station, Duldula in the year 2003. He further submits that construction of the building was completed thereafter, claim of the petitioner for award of compensation was referred to the Collector, Jashpur vide letter dated 09.07.2016. He contends that a proceeding was initiated by the Land Acquisition Officer-cum- SDO(R), Kunkuri and amount of compensation to the tune of Rs. 1,31,05,926/- was passed in favor of the petitioner. He further contends that Superintendent of Police, Jashpur issued a letter on 15.01.2018 to the Deputy Inspector General of Police (Yojana/ Prabandh), PHQ-Naya Raipur i.e. respondent No. 6 for grant of funds but till date, no action has been taken. He prays that a direction may be

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issued to the respondents No. 1 and 6 to take decision on the letter dated 15.01.2018 expeditiously.

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3) Heard.

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4) Taking into consideration the limited prayer made hereinabove, instant petition is hereby disposed of reserving liberty in favor of petitioner to move a representation along with the letter dated 15.01.2018 within period of 15 days before the respondents No. 1 and 6, who in turn are directed to decide the same in objective manner strictly in accordance with the law, preferably within period of 90 days from today.

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5) With the aforesaid direction(s), instant writ petition stands disposed of at admission stage.

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Sd/(Rakesh Mohan Pandey) JUDGE

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Ajinkya

Lagan Prasad Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lagan Prasad Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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