Smt. Tej Kumari Sahu Vs State of Chhattisgarh

Smt. Tej Kumari Sahu W/o. Late Dharam Dev Aged About 46 Years Resident Of Village- Matidarha, Police Station - Sankra, District - Mahasamund (Chhattisgarh)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh)

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2 - The Collector, District- Mahasamund (Chhattisgarh)

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3 - The Sub-Divisional Officer (Revenue)/ Land Acquisition Officer, Pithora, District- Mahasamund (Chhattisgarh)

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4 - The Tahsildar, Pithora, District- Mahasamund (Chhattisgarh)

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... Respondents

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For Petitioner : Mr. Shikhar Sharma, Advocate. For : Mr. Raj Kumar Sahu, Panel Lawyer. State/Respondents

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SB: Hon'ble Shri Parth Prateem Sahu, Judge

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Order on Board

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16/07/2026

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Petitioner has filed this writ petition seeking following reliefs:-

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“10.1 That, this Hon'ble Court may kindly be pleased to call the records from the respondents.

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10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, setting-aside/quashing the impugned notice dated 22.06.2020 (Annexure P/1) and further be pleased to direct the respondent authorities not to take any coercive step against the petitioner pursuant to impugned notice.

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10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.”

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Learned counsel for the petitioner submits that the land bearing Khasra No.458 admeasuring 1.29 hectares is being recorded in the name of the petitioner. In the land acquisition proceedings, land owned and recorded in the name of the petitioner was also acquired and award was passed in case No.13-A/Land Acquisition/A/82 year 14-15. After passing of the award, the Land Acquisition Officer issued notice for accepting the amount of compensation and accordingly thereafter the amount of compensation so computed with respect to the land recorded in the name of the petitioner has been disbursed in her favour.

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The notice was issued to the petitioner on 7/04/2017 and thereafter it was deposited in the account of the petitioner. He contended that subsequently the Tehsildar has issued Annexure P-1 dated 22/06/2020 for depositing the amount as mentioned therein of 1165845.00 towards arrears of land revenue or else will be recovered from the petitioner. The said notice was per se illegal, arbitrary and without giving any opportunity of hearing.

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Learned counsel for the State submits that the petitioner was earlier allotted the land bearing Khasra No.458 admeasuring 1.29 hectares on patta which was later on cancelled by the Collector, Mahasamund vide order dated 31/03/2014 and therefore after cancellation of the allotment of the land on patta, petitioner not remained owner of the land and therefore she was not entitled for any amount of compensation under the land acquisition proceedings. After coming to its notice, Sub Divisional Officer had also written letter vide Annexure R-3, however, it was not replied and thereafter the notice Annexure P-1 was issued.

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When question is posed to learned counsel for the State as to any proceedings is drawn for setting aside the award to the extent of the award passed in favour of the petitioner or any other proceedings drawn by the respondent/State Authorities giving show cause as to why the amount be not recovered,

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learned counsel for the respondent/State would submit that no such documents is enclosed along with the reply.

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I have heard learned counsel for the parties.

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It is not in dispute that earlier the land bearing Khasra No.458 admeasuring 1.29 hectares was allotted to the petitioner by the competent authority. It is also not in dispute that in the land acquisition proceedings, the land recorded in the name of the petitioner (allotted land) was also subject matter of the acquisition proceedings and the petitioner was paid the amount of compensation as determined by the Land Acquisition Officer in the said proceedings. The amount of compensation is paid in the month of April, 2017 as is reflected from the notice issued by the Land Acquisition Officer to the petitioner to appear and accept the amount of compensation.

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From the aforementioned facts, it is apparent and undisputed, that the petitioner was paid the amount pursuant to the award passed by the Land Acquisition Officer.

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The respondent/State has not brought any document in record nor made any pleading in their reply that the award passed in favour of the petitioner in the land acquisition proceedings is in any manner modified, corrected or set aside by the competent authority following due process of law.

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In the aforementioned facts of the case, when as on date there is an award of the Land Acquisition Officer in the land

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acquisition proceedings, awarding compensation to the petitioner of Rs.1165840.00, the notice issued by the Tehsildar for recovery of the said amount towards the arrears of the land revenue vide Annexure P-1 is arbitrary and illegal, which is not sustainable in the eyes of law and accordingly the notice Annexure P-1 issued by Tehsildar in form -A dated 22/06/2020 for recovery of a sum of Rs.1165840.00 towards the arrears of land revenue is quashed.

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Accordingly, the writ petition is allowed. The respondent/State Authorities will be at liberty to initiate proceedings in accordance with law, if they want to recover the amount of compensation paid to the petitioner.

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Sd/-

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gouri

Smt. Tej Kumari Sahu v. State of Chhattisgarh

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Smt. Tej Kumari Sahu v. State of Chhattisgarh

Case brief

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