Jammulal Kurrey Vs State of Chhattisgarh

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1

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2026:CGHC:12916

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1168 of 2026

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1 - Jammulal Kurrey S/o Hera Das Kurrey Aged About 49 Years R/o VillagePihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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2 - Nandram Khunte S/o Bhajoram Khunte Aged About 55 Years R/o VillagePihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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3 - Netram Khunte S/o Bhajoram Khunte Aged About 53 Years R/o Village- Pihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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4 - Sadhram Khunte S/o Bhajoram Aged About 69 Years R/o Village- Pihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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5 - Lakhi Prasad Chandra S/o Ram Adheen Chandra Aged About 55 Years R/o Village- Pihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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6 - Bhuneshwar Chandra S/o Jawahar Lal Aged About 50 Years R/o VillagePihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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7 - Kamla Bai Chandra W/o Madan Mohan Chandra Aged About 61 Years R/o Village- Pihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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8 - Naveen Divya S/o Vishram Divya Aged About 34 Years R/o Village- Pihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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9 - Bhojram Mahilange S/o Funu Bilas Mahilange Aged About 71 Years R/o VillagePihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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10 - Premshankar Mahilange S/o Funugilas Mahilange Aged About 56 Years R/o Village- Pihreed, Tahsil- Malkhrauda, District- Sakti (C.G.)

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through- Its Secretary, Department Of Revenue And Disaster Management, Mantralaya, Capital Complex, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.)

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2 - Collector Office Of The Collector, District- Sakti (C.G.)

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3 - The Sub-Divisional Officer Land Acquisition Officer, Sub Division Malkharouda, District- Sakti (C.G.)

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Digitally signed by BINI BINI PRADEEP PRADEEP Date:2026.03.19 10:57:11 +0530

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2

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4 - Tahsildar Office Of The Tahsildar Malkharouda, District- Sakti (C.G.)

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5 - Halka Patwari No. 26 Inspector Of Revenue Division / Tahsil Malkharouda, Office Of The Tahsildar, Malkharouda, District- Sakti (C.G.)

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6 - The Executive Engineer Public Works Department (Pwd), District- Sakti, Chhattisgarh.

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7 - C.G. State Road Development Authority Project Manager (A.D.B. Project) Public Works Department, District- Bilaspur, (C.G.)

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... Respondents

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For Petitioner : Mr. Kaushal Yadav, Advocate For Respondents/State : Mr. Soumitra Kesharwani, Panel Lawyer

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board 18/03/2026

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1. The petitioners have preferred this petition under Article 226 of the Constitution of India, seeking issuance of direction to respondent No.2/Collector, Distt. Sakti (CG) to decide pending representation of the petitioners.

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2. Learned counsel for the petitioners submits that the petitioners are resident of Village Pihreed, PH No.26, Tahsil Malkharouda, Distt. Sakti (CG) and their land has been acquired for the purpose of construction of JaijaipurMalkharouda-Gobarbhata road and the same has been constructed under Chhattisgarh State Road Development Project (ADB Project). The land has been acquired under Mutual Consent Rules, 2016, but no compensation/ other benefits has been given to the petitioners. He further submits that the petitioners have filed representation on 05.5.2025 before respondent No.2, but the same has not been decided yet, therefore, it is prayed that this petition may be disposed of directing respondent No.2 to decide the representation of the petitioners within the period specified by this Court.

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3. Learned counsel for the State has no objection in allowing the limited prayer of the petitioners.

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3

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4. As per the petitioners, their land has been utilized for construction of road, but no compensation has been given, which is against Article 300 A of the Constitution of India, as no person can be deprived from his property without following due process of law and acquisition proceedings can be completed after giving compensation to the affected villagers, which has not been done in the instant case. Therefore, having considered the limited prayer of the petitioners, this petition is disposed of directing respondent No.2/Collector, District Sakti (CG) to decide the representation dated 05.5.2025 (Annexure-P/5) of the petitioners within 45 days from the date of receipt/ submission of a copy of this order.

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5 . Withe aforesaid observation and direction, this petition stands disposed

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of.

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6. Pending interlocutory application(s), if any, stands disposed of.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Bini

Jammulal Kurrey v. State of Chhattisgarh

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Jammulal Kurrey v. State of Chhattisgarh

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