Hemsagar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1759 of 2018 Hemsagar Patel S/o Ghanshyam Patel Aged About 36 Years R/o Village - Kashideeh, Ward No. 08, Kashideeh, Post - Latesara Police Station Chandrapur Tehsil Dabhra, Revenue And Civil District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan Naya Raipur, Revenue And Civil District Raipur Chhattisgarh.

2. Collector Janjgir Champa, Revenue And Civil District Janjgir - Champa Chhattisgarh.

3. Competent Authority And Sub - Divisional Officer ( Revenue ) Dabhra, Revenue And Civil District Janjgir - Champa Chhattisgarh.

4. Tehsildar Dabhra, Revenue And Civil District Janjgir Champa Chhattisgarh.

5. General Manager, N T P C Limited, Lara Super Thermal Power Project, Office Address Opposite Chhattisgarh Gramin Bank / S B I , Kotra Road, Raigarh Revenue And Civil District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh --- Respondents For Petitioner :

Mr. Surfaraz Khan, Advocate.

For Respondents :

Dr. N.K. Shukla and Mr. B.D. Guru, Advocates.

For Respondents / State :

Mr. Arun Sao, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/07/18 1.

Learned counsel for the petitioner would submit that petitioner has filed an application under Section 10(4) of the Chhattisgarh Underground Pipelines (Acquisition of Right of User in Land) Act, 2004 [for brevity, 'Act of 2004'] which is pending before the competent authority / Sub-Divisional Officer (Revenue) since 06.11.2017 and has not been considered and decided till date.

2.

Be that as it may, the competent authority is directed to consider and decide the petitioner's application filed under Section 10(4) of the Act of 2004 after hearing the parties expeditiously, preferably within a period of six weeks from the date of receipt of copy of this order. The parties would also be at liberty to raise all the permissible grounds in support of their plea. 3.

It is made clear that this Court has not expressed any opinion on the merits of the matter.

4.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka