State Of Chhattisgarh v. Ramprasad

HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 49 of 2021

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Ministry, Mahanadi Bhawan, Naya Raipur, Po And Ps Rakhi, District Raipur Chhattisgarh

2. District Collector, Janjgir Champa District Janjgir Champa Chhattisgarh

3. Sub Divisional Officer (Revenue) Champa, District Janjgir Champa Chhattisgarh.

4. Tahsildar Sakti, District Janjgir Champa Chhattisgarh. ---- Petitioners

Versus

1. Ramprasad S/o Shri Dauram Aged About 46 Years R/o Village Nawapara, Police Station Janjgir Tahsil Janjgir District Janjgir Champa Chhattisgarh

2. National Highway Authority Of India Ltd. Through Project Director, Bilaspur Unit, Abhilasha Parisar New Bus Stand, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------------- For Petitioner/ State :

Ms. Richa Shukla, Dy. G.A.

For Respondent :

Shri Ramakant Mishra, A.S.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.06.2021 Heard

1. Learned counsel for the petitioner submits that this Court in WPC No. 1410/2019 dated 12.04.2019 has passed the following order:- "4. In view of the above position, this writ petition is disposed of with a direction that if the petitioners make a fresh representation within a period of four weeks from today along-with the copy of the order dated 06.02.2019 passed in

WPC No.1649/2017 and other documents, the concerned respondents shall consider and decide the same within a further period of ten weeks from the date of presentation of copy of this order. "

2. It is further submitted that the Division Bench order which was passed earlier on 30.10.2018 in WPC No. 1649/2017 has been reviewed subsequently on 12.12.2019, therefore the Division Bench itself has reviewed the order and thus the direction as given in para 4 in WPC No. 1410/2019 may be reviewed.

3. A perusal of Para 4 of the direction issued by this Court on 12.04.2019 in WPC No. 1410/2019 only speaks that the Collector shall decide the representation within a specified time in view of the notification issued by the State in terms of the direction issued by the Division Bench. This Court has not expressed any opinion on specific particulars of the Division Bench order and if the Division Bench order which has been passed on 30.10.2018 has been reviewed on 12.12.2019, then it will also be within the ambit of the Division Bench order. The State, therefore, can pass the order in view of the review order passed by the Division Bench. No review of the order dated 12.04.2019 is called for.

4. With the aforesaid direction/ observation, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Jyoti Judge