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High Court Of ChhattisgarhWPC/2906/2021disposed off

Savitri Bai v. State Of Chhattisgarh

2021-07-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2906 of 2021

1. Savitri Bai D/o Sunnu Aged About 44 Years R/o Village Nimdha, Gram Panchayat Nimdha, P.S. Marwahi District Gaurella Pendra Marwahi Chhattisgarh

2. Chhedilal S/o Kamadi Aged About 41 Years R/o Village Nimdha, Gram Panchayat Nimdha, P.S. Marwahi District Gaurella Pendra Marwahi Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Atal Nagar, New Raipur Chhattisgarh

2. The Collector Bilaspur Chhattisgarh

3. The Sub Divisional Officer Cum Land Acquisition Officer (Revenue) Pendra Road District Gaurella Pendra Marwahi Chhattisgarh

4. Heera Singh S/o Baisakhu R/o Village Nimdha, Gram Panchayat Nimdha, P.S. Marwahi District Gaurella Pendra Marwahi Chhattisgarh ---- Respondents For Petitioners :

Shri B.L. Dembra, Advocate For Respondents/State :

Shri Sidhdharth Dubey, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 19/07/20

1. Heard.

2. As per the petitioners certain lands were acquired by the respondents and thereafter by an order dated 13.09.2018, the SDO, Pendra Road has directed to pay an amount of Rs.66,000/- to respondent No.4 and Rs.5,54,466/- to the

petitioners as they had constructed a house over the said land. It is contended that the said amount of Rs.5,54,466/- is not been paid till date, therefore, the petitioners had made an application to the SDO (Land Acquisition) respondent No.3 to handover the amount, however, the same is still pending, therefore, it is prayed that the said application may be directed to be decided.

3. After going through the contents of Annexure P-1, without making any observation on the merits, it is directed that if the award is passed in favour of the petitioners then in such case the application of the petitioners (Annexure P2) to handover the said amount to the petitioners, who are the beneficiaries, may be decided. The petitioners since have already made the application Annexure P-2 in this regard, the respondent No.3 is directed to decide the pending application within a period of 60 days from the date of receipt of the copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

4. With the aforesaid observation, the writ petition stands disposed of. SDSd/-- Goutam Bhaduri Judge Ashu