Neelmani Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 2715 of 2019 Neelmani Patel S/o Late Raghunath Patel Aged About 47 Years R/o Village Milupara, P.S.And Tahsil Tamnar, District - Raigarh District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through The Secretary Department of Revenue and Disaster Management Ministry Mahanadi Bhawan Atal Nagar Raipur, District : Raipur, Chhattisgarh

2. The Collector Raigarh, District Raigarh Chhattisgarh

3. Sub Divisional Officer Revenue Gharghoda, District Raigarh, Chhattisgarh

4. Executive Engineer Civil State Power Generation Company Limited, Gharghoda, District Raigarh, Chhattisgarh. --- Respondents No 21.08.2019 Mr. Kamal Kishore Patel, counsel for the petitioner. Mrs. Richa Shukla, Dy.Govt. Advocate for the State. The petitioner is aggrieved by the award dated 26th February 2019 which is passed in exercise of power under Section 246(4) of the Land Revenue Code.

Learned counsel for the petitioner would submit that the petitioners are aggrieved by the award since the land for which the compensation has been calculated is a diverted land whereas the same has not been taken into account that it is a diverted land, therefore, the compensation should have been on higher side. He further submits that the review power can be exercised by the SDO as there is an apparent wrong.

It is further submitted that the petitioner has already filed an application vide Annexure P-3 before the SDO (Revenue) Gharghoda, Distt. Raigarh for review of the award dated 26th February 2019 and the same may be directed to be decided.

Without any observation on merits of the case, this writ petition is disposed of with a direction that the SDO shall decide the application (Annexure P-3) already filed by the petitioner in accordance with law.

Cc as per rules.

Sd/- (Goutam Bhaduri) Judge R a o