Tilakram vs State Of Chhattisgarh
2022 Latest Caselaw 563 Chatt

                                              1




                                                                                   NAFR

                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                    WPC No. 570 of 2022

     Tilakram S/o Shri Pardeshi Rathiya Aged About 23 Years R/o Village Amadola
     Tahsil Kharsia, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
                                                                         ---- Petitioner
                                           Versus
     1.      State Of Chhattisgarh Through Secretary, Department Of Revenue And
             Disaster Management Mahanadi Bhawan Mantralaya, New Raipur, Atal
             Nagar, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
     2.      Collector Raigarh, District Raigarh, Chhattisgarh., District : Raigarh,
             Chhattisgarh
     3.      Sub Divisional Officer (Revenue) Kharsia, District Raigarh, Chhattisgarh.,
             District : Raigarh, Chhattisgarh
     4.      Branch Manager Punjab National Bank Branch Kharsia, District Raigarh,
             Chhattisgarh., District : Raigarh, Chhattisgarh
     5.      Punita Rathiya D/o Ghursingh Village Chhirpani, Tahsil Kharsia, District
             Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
     6.      Shakuntala Rathiya D/o Chunnilal Village Botalda Tahsil Kharsia, District
             Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

                                                                      ---- Respondents

For Petitioner : Mr. Ashutosh Mishra, Advocate For State : Mr. Pawan Kesharwani, Panel Lawyer For Respondent No.4 : Mr. Sachin Singh Rajput, Advocate along with Mr. Sharad Mishra, Advocate

Hon'ble Mr. Justice P. Sam Koshy Order on Board

01/02/2022

1. The writ petition as of now has been filed seeking for an appropriate

direction to the respondents staying the disbursement of the compensation

amount in respect of land situated at khasra No. 8, measuring 1.427

hectares at village Botalda, Patwari Halka No. 11, Tehsil Kharsia, District

Raigarh.

2. The said property is said to have been belonging to the petitioner and has

been acquired by the National Highway Authorities for construction of the

National Highway. According to the petitioner, his name has already been

entered in the revenue records on the basis of a will in an appropriate

proceeding drawn by the authorities on the death of the original registered

owner Dhansingh.

3. Subsequently, a dispute seems to have arisen when the respondents No.5 &

6 have also raised the claim for monetary compensation against the

acquisition of land. The matter was subjudice before the Sub-Divisional

Officer and who has already passed an interim order staying the

disbursement part and the said proceeding is still pending before the Sub-

Divisional Officer. At the same time the petitioner also has moved an

application before the concerned competent Civil Court for a judgment &

decree of succession, which is also pending consideration before the

concerned Court of law.

4. Given the aforesaid two facts i.e. the pendency of the dispute before the

Sub-Divisional Officer with an interim order in operation and the pendency of

the Civil Suit for grant of succession certificate before the competent Civil

Court, it would not be appropriate for the High Court at this juncture to

consider and decide the claim of the petitioner. It would be open for the

petitioner to approach the Sub-Divisional Officer/ respondent No.3 by way of

a suitable objection/representation highlighting these facts and the Sub-

Divisional Officer thereafter is expected to take an appropriate decision on

its own merits in accordance with law particularly keeping in view the earlier

interim protection granted by the Sub-Divisional Officer and which is still in

operation.

5. With the aforesaid observations, the present writ petition stands disposed of.

Sd/-

(P. Sam Koshy) Judge Ved