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High Court Of ChhattisgarhWPC/1867/2019disposed off

Chaitram v. The Sub Divisional Officer (Revenue) / Land Acquisition Officer

2019-06-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1867 of 2019 Chaitram S/o Ramji Aged About 69 Years R/o Village Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

---- Petitioner

Versus

The Sub Divisional Officer (Revenue) / Land Acquisition Officer Bilaspur, District Bilaspur Chhattisgarh.

---- Respondent For petitioner - Shri J.K. Saxena, Advocate.

For State-Shri Rajesh Singh, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 26/06/2019 Heard.

1.

The instant petition is filed for the reason that compensation in lieu of the acquisition of land of Khasra No.2537 admeasuring 530 square metre a compensation of Rs.25,82,041/- was passed. Subsequently, one Chotelal S/o Ramji Tamboli had made an objection that he received the same land on exchange and he is in possession. 2.

The perusal of the record shows that a civil suit was pending bearing No.9-A/2018 between Chotelal Tamboli Vs. Sriram & ors wherein the civil court by an interim order has directed to maintain status quo in respect of the compensation amount. 3.

Learned counsel referred to the order of the civil suit dated 9/05/2019 and would submit that said injunction order has been vacated, therefore SDO may be directed to decide the entitlement of the petitioner within a stipulated period of time. 4.

Perusal of the order of the civil court would show that initially

some injunction order was passed at the behest of Chotelal Tamboli but subsequently it was rejected. Consequently, without any observation on the merit as to the entitlement at this stage, the SDO is directed to adjudicate the claim of the petitioner within an outer limit of further two months from the date of receipt of this order. 5.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri