Digambar Nath Sahu Vs State of Chhattisgarh

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2026:CGHC:3324

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 255 of 2026

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Digambar Nath Sahu S/o Late Shiv Prasad Sahu Aged About 60 Years R/o Village Khapri, Naya Raipur, Raipur, Chhattisgarh.

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Development, Capital Complex, Naya Raipur, P.S. Rakhi, Distt. Raipur, Chhattisgarh.

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2 - Atal Nagar Development Authority (Formally Known As New Raipur Development Authority) Through The Chief Executive Officer, Paryavaran Bhawan, North Block, Sector 19, Atal Nagar, Distt. Raipur, Chhattisgarh.

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3 - Gram Panchayat Navagaon Khapri Through The Sarpunch Block Dharsiwa, Tahsil And Distt. Raipur, Chhattisgarh.

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... Respondent

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{Cause title, as taken from Case Information System}

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For Petitioner : Mr. Sudeep Johri, Advocate. For Resp. No. 1 : Mr. Sabyasachi Choubey, Govt. Advocate. For Resp. No. 2 : Mr. Abhijeet Mishra, Advocate.

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{Hon’ble Mr. Justice Naresh Kumar Chandravanshi}

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Order on Board

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20/01/2026

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1. Instant writ petition under Article 226 of the Constitution of India has

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been preferred by the petitioner seeking following reliefs :-

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2

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10.1 That the Hon’ble court may kind enough to call the record of the petitioner.

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10.2 That the Hon’ble Court may be kind enough to issue a appropriate Writ/ writs, order/ orders or direction / directions and to quash the impugned order Annexure P-1 and direct the respondents to comply the allotment order Annexure P-2.

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10.3 That the Hon’ble Court may be kind enough to issue any appropriate writ, order or direction as deemed fit in the circumstances of the case and direct the respondents to grant lease of the property constructed prior to the existence of respondent No. 2.

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10.4 That the Hon’ble Court may be kind enough to pass any appropriate writ, order or direction as deemed fit in the circumstances of the case in the interest of justice.

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2. Learned counsel appearing for the petitioner would submit that petitioner’s land has been acquired by respondent No. 2 under the New Raipur Development Scheme and in lieu thereof he has been allotted plot No. D-7 situated at Village Nawagaon (Khapri) vide order dated 17.07.2015 (Annexure P-2), but till date that plot has not been handed over to the petitioner and he has been served ‘Eviction Warrant’ dated 01.12.2025 (Annexure P-2) to vacate his land, on which, he is residing since more than 30 years having constructed a house measuring 28 x 136 = 378 sq. ft. and a Badi measuring 12 x 45 = 540 sq. ft., therefore, he prays that impugned ‘Eviction Warrant’ may be stayed, as plot No. D-7 allotted to the petitioner has not been handed over by respondent No. 2, even after lapse of 10 years.

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3

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3. In reply, learned counsel for respondent No. 2 would concede the fact that plot No. D-7 allotted to the petitioner has not been handed over to him because some formalities are required to be done. In that view of the matter, learned counsel for respondent No. 2, under instructions, submits that till the said plot is handed over to the petitioner, respondent No. 2 will not effect the 'Eviction Warrant' (Annexure P-1) dated 01.12.2025.

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4. It is gross apathy of authority of respondent No. 2 that Plot No. D-7 has been allotted to the petitioner vide order dated 17.07.2015 (Annexure P-2), but despite lapse of 10 years said plot has not been handed over to the petitioner and ‘Eviction Warrant’ has been served to the petitioner to vacate the land, on which, he is residing since more than 30 years, having constructed a house measuring 28 x 136 = 378 sq. ft. and a Badi measuring 12 x 45 = 540 sq. ft.

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5. Taking into consideration the facts & circumstances of the case, this petition is disposed of with the undertaking given by counsel for respondent No. 2 that ‘Eviction Warrant’ dated 01.12.2025 (Annexure P-1) shall not be given effect to and the petitioner will not be dispossessed from the land bearing 28 x 136 = 378 sq. ft., in which, he has constructed house and 12 X 45 = 540 sq .ft. , in which he has constructed Badi till handing over the Plot No. 7 under Rehabilitation Policy in lieu of the land of the petitioner acquired by respondent No. 2.

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6. With the aforesaid observations & direction, the writ petition stands disposed of.

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Sd/(Naresh Kumar Chandravanshi) JUDGE

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AMITKUMARDUBEY Digitally signedby AMITKUMAR DUBEYDate:2026.01.2311:24:34 +0530

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amit

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4

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amit

Digambar Nath Sahu v. State of Chhattisgarh

Case brief

What is this about?

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Digambar Nath Sahu v. State of Chhattisgarh

Case brief

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