Harishankar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4560 of 2019 Harishankar S/o Late Shri Dautari, Aged About 44 Years, R/o Village Kotarlia, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Indravati Bhavan, Atal Nagar, Raipur (Chhattisgarh)

2. The Collector, Raigarh, District Raigarh, Chhattisgarh

3. The Sub Divisional Officer (Revenue) Raigarh, District Raigarh Chhattisgarh

4. The Tahsildar Raigarh, District Raigarh, Chhattisgarh

5. The Commissioner, Bilaspur Camp, District Raigarh, Chhattisgarh

6. Bhojram, S/o Sadashiv, R/o Bhikharimal, District Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Harshwardhan Parganiha with Mr. Rajat Agrawal, Advocates For State :

Mr. Ishan Verma, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.12.2019

1. The grievance of the petitioner in the present writ petition is to the claim put forth by respondent no.6 for grant of compensation against the land reflected at Khasra No. 209/1 at village Kotarlia, District Raigarh.

2. According to the petitioner, the dispute in the present writ petition is that

respondent no.6 has also on the basis of certain fake documents in his possession claimed for compensation for the aforementioned land which has been acquired by the respondents. According to the petitioner, the dispute in respect of the title and ownership has already been placed by the petitioner against respondent no.6 and the proceeding is pending in an appeal before the Commissioner, Bilaspur Division.

3. Counsel for the petitioner makes a limited request that till the appeal before the Commissioner is decided, the compensation quantified by the authorities may not be released to respondent no.6 or else the petitioner may be put to irreparable loss in the event he succeeds in the appeal before the Commissioner.

4. Given the facts and circumstances of the case, this Court is of the opinion that subject to verification of the fact, till the appeal of the petitioner pending consideration before the Commissioner, Bilaspur Division against the order dated 03.08.2019 passed by the Sub Divisional Officer (Revenue), Raigarh is decided, the compensation, if quantified to be paid to respondent no.6, be kept in abeyance and the same be released in terms of the order to be passed by the Commissioner in the appeal preferred by the petitioner.

5. With the aforesaid direction, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai