[Cites 1, Cited by 0]
Chattisgarh High Court
Jitesh Patel vs State Of Chhattisgarh on 15 April, 2026
1
2026:CGHC:17064
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1652 of 2021
1 - Jitesh Patel S/o Shri Purushattam Bhai Patel Aged About 52 Years
R/o Mahesh Colony, Gudhiyari Road, Raipur District - Raipur
(Chhattisgarh), District : Raipur, Chhattisgarh ... Petitioner(s)
VISHAKHA
BEOHAR versus
Digitally signed
by VISHAKHA 1 - State Of Chhattisgarh Through Secretary Department Of Revenue
BEOHAR
And Disaster Management Mahanadi Bhawan New Raipur, District-
Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2 - Presiding Officer Of Land Acquisition And Rehabilitation And
Resettlement Authority Old Phq Raipur, District Raipur (Chhattisgarh),
District : Raipur, Chhattisgarh
3 - Land Acquisition Officer Dabhara, District Janjgir-Champa
(Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
... Respondents
(Cause-title taken from the Case Information System)
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For Petitioner :- Mr. Kamal Kishor Patel, Advocate
For State :- Mr. Ashutosh Shukla, P.L.
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SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
15.04.2026
1. The present writ petition under Article 226 of the Constitution of
India has been filed seeking a direction to the respondents to
provide certified copy of the award dated 30.03.2017 passed in
Land Acquisition Case No. 27/A-82/2012-13.
2. The petitioner's land bearing Khasra No. 382 admeasuring 0.10
acre situated at Village Nawapara, Tahsil Dabhara, District Janjgir-
Champa was acquired vide award dated 30.03.2017 passed by
the Sub-Divisional Officer (Revenue)-cum-Land Acquisition
Officer. It is the grievance of the petitioner that for the purpose of
seeking reference for enhancement of compensation, he applied
for certified copy of the said award; however, the same was not
supplied on the ground that the original record has been called by
the authority at Raipur. Being aggrieved by the refusal to provide
certified copy, the petitioner has approached this Court.
3. Following reliefs have been prayed by way of this petition:-
"10.1 That this Hon'ble court kindly be pleased
to set aside Annexure P-1 and direct the
Respondents for providing certified copy on
payment of Legal fees.
10.2 Any other relief, which this Hon'ble Court
may deem fit and proper, may also be passed
in favour of the petitioner "
4. Learned counsel for the petitioner submits that the petitioner
requires certified copy of the award dated 30.03.2017 for availing
legal remedy of reference for enhancement of compensation. It is
submitted that under Section 75 of the Indian Evidence Act,
certified copies of public documents are required to be issued and
the authorities are duty-bound to provide the same.
5. Per contra, learned counsel for the respondents submits that the
certified copy of the award, as sought by the petitioner, pertains to
Reference Case No. 179/2017 and the records are presently lying
before the Land Acquisition, Rehabilitation and Resettlement
Authority, Raipur. It is submitted that the petitioner may apply
before the said authority for obtaining certified copy of the award.
6. It is further submitted in the return filed by the State that the
original records have been transmitted to the Authority at Raipur in
connection with Reference Case No. 27/A-82/2012-13 and
therefore the office of Land Acquisition Officer, Dabhara is not in a
position to supply the certified copy.
7. I have heard learned counsel for the parties and perused the
material available on record.
8. It is not in dispute that the petitioner is entitled to obtain certified
copy of the award dated 30.03.2017 for the purpose of pursuing
his legal remedy. It is also not in dispute that the original records
are presently lying before the Land Acquisition, Rehabilitation and
Resettlement Authority, Raipur in connection with the reference
proceedings. In view of the aforesaid factual position, this Court is
of the considered opinion that no useful purpose would be served
in entering into the controversy regarding refusal by the Land
Acquisition Officer, Dabhara, as the records are admittedly not
available with the said authority. The appropriate course for the
petitioner would be to approach the authority before whom the
records are presently lying, i.e., the Land Acquisition,
Rehabilitation and Resettlement Authority, Raipur.
9. Accordingly, without entering into the merits of the case, the writ
petition is disposed of with a direction that the petitioner shall be
at liberty to file an appropriate application before the Land
Acquisition, Rehabilitation and Resettlement Authority, Raipur for
obtaining certified copy of the award dated 30.03.2017. Upon
such application being filed, the concerned authority shall
consider and supply the certified copy to the petitioner, subject to
payment of requisite fees, within a period of 30 days from the date
of filing of the application. In case the records are not available
with the said authority, the concerned authority shall inform the
petitioner about the present status and location of the records so
as to enable him to obtain the certified copy without further delay.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha
