Hira Singh @ Hira Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1187 of 2020 Hira Singh @ Hira Lal S/o Shri Bisahu Singh @ Baishakhu Singh Aged About 45 Years R/o Village- Nimadha, Tahsil- Marwahi, District- GourelaPendra-Marwahi, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Public Works Department, Mantralaya Mahanadi Bhawan, New Raipur, Chhattisgarh

2. The Collector Bilaspur, Chhattisgarh

3. The Collector Gourela-Pendra-Marwahi, Chhattisgarh

4. The Sub Divisional Officer (R) Cum Land Acquisition Officer Pendraroad District- Gourela-Pendra-Marwahi, Chhattisgarh

5. The Sub Divisional Officer (R) Pendraroad District- Gourela-PendraMarwahi, Chhattisgarh

6. The Nayab Tahsildar Marwahi District- Gourela-Pendra-Marwahi, Chhattisgarh

7. The Executive Engineer Public Works Department, Pendra Division, Pendraroad, District- Gourela-Pendra-Marwahi, Chhattisgarh

8. Savitri Bai D/o Shri Sunnu Aged About 50 Years R/o Village Nimadha, Tahsil- Marwahi, District- Gourela-Pendra-Marwahi, Chhattisgarh

9. Chhedilal S/o Shri Kamodi Lal Aged About 37 Years R/o Village- Nimadha, Tahsil- Marwahi, District- Gourela-Pendra-Marwahi, Chhattisgarh ---- Respondents For Petitioner :

Mr. Rishi Rahul Soni, Advocate.

For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Boar d 11/06/2020

1. The grievance of the petitioner in the present writ petition against the land belonging to the petitioner which was acquired and he has been paid compensation. However, subsequently on the basis of Annexure P/2 which again is incorrect report submitted by the respondent no. 4, the respondent-authorities are pressurizing the petitioner to refund the amount of the compensation paid to the petitioner under Land Acquisition Act.

2. However, on perusal of records would show that no final order has been passed by the authorities on the basis of Annexure P/2 dated

13.09.2018, Neither is there any written instruction or order passed by the respondent directing the petitioner to pay back the compensation amount received by him.

3. Given the said facts and circumstances of the case, this Court is of the opinion that as of now there is no cause of action which could be interfered by this High Court or which could be subjected to judicial review. Reserving the right of the petitioner to approach the Court in the event of any adverse order passed against the petitioner or in the event to the respondent initiating any coercive steps against the petitioner.

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