Bhojram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 501 OF 2020 Bhojram, S/o Shri Sadashiv, aged about 39 years, R/o Village Bhikharimal, Raigarh, Tahsil and District Raigarh (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Revenue, Indravati Bhavan, Atal Nagar, Raipur, District Raipur (CG) 2.

The Commissioner, Bilaspur Camp, Raigarh, District Raigarh (CG) 3.

Collector, Raigarh, District Raigarh (CG) 4.

The Sub Division Officer (Revenue), Raigarh, District Raigarh (CG) 5.

The Tahsildar, Raigarh, District Raigarh (CG) 6.

Harishankar S/o Late Shri Dautari, aged about 44 years, R/o Village Kotarlia, Raigarh, Tahsil and District Raigarh (CG) ... Respondents For Petitioner :

Mr. Rajendra Tripathi, Advocate.

For Respondents :

Mr. Somkant Verma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/02/2020 1.

The limited relief that the petitioner has prayed for in the present writ petition is for an appropriate direction to respondent no.2 to decide the appeal which has been preferred by respondent no.6 in respect of his claim for compensation against the land acquired by the respondent-State situated at Khasra No.209/1 at Village Kotarlia, District Raigarh.

2.

Though the petitioner has filed the present writ petition seeking for modification of the order dated 12.12.2019 passed by this Court in WPC No. 4560/2019, there is no order which has been passed detrimental or adverse to the interest of the petitioner herein. This Court had only observed that till the appeal pending before the Commissioner, Bilaspur Division against the order passed by the Sub Divisional Officer (Revenue), Raigarh, dated 3.8.2019, is decided; the compensation may not be released. 3.

Given the aforesaid facts, this Court is of the opinion that the present writ petition itself can be disposed of directing the respondent no.2 to decide the appeal of respondent no.6 on its own merits without being in any manner influenced by any observation made by this Court either in the present writ petition or in the previous order passed by this Court in WPC No. 4560/2019 on 12.12.2019.

4.

Respondent No.2 is expected to decide the appeal of respondent no.6 at the earliest, preferably within a period of 60 days from the date of presentation of certified copy of this order.

5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge /sharad/