Chhattisgarh High Court
WPC/3540/2021 of SUKHMATI Vs STATE OF CHHATTISGARH on 1 September 2026
2026:CGHC:38920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3540 of 2021 Sukhmati Wd/o Late Premlal Bhagat Aged About 60 Years R/o Village Banjikhol Tehsil Tamnar District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh
CGHC010221942021
2026:CGHC:38920
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 3540 of 2021
Sukhmati Wd/o Late Premlal Bhagat Aged About 60 Years R/o Village Banjikhol Tehsil Tamnar District Raigarh Chhattisgarh., District : Raigarh,
Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Secretary Department Of Industry Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Commissioner Bilaspur Division, District Bilaspur Chhattisgarh., District :
Bilaspur, Chhattisgarh
4 - Collector Raigarh Cum Land Acquisition Officer, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 5 - Sub Divisional Officer Cum Land Acquisition Officer Gharghoda District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 6 - Tahsildar Tamnar, District Raigarh Chhattisgarh., District : Raigarh,
7 - M/s Jaiswal Neco Industries Limited Through Its General Manager, F - 8, ALFIZA
BAIG
Digitally
signed by
ALFIZA
BAIG
Midc Industrial Area, Hingna Road, Hingna Nagpur (Maharashtra)., District :
Nagpur, Maharashtra
8 - Hindalco Industries Limited Through Its General Manager Gare Pelma Iv/4
Block Banjikhol Tehsil Tamnar District Raigarh Chhattisgarh, Office At Banjikhol Tehsil Tamnar District Raigarh Chhattisgarh., District : Raigarh,
Chhattisgarh
... Respondents
For Petitioner
: Mr. Kamal Kishore Patel, Advocate
For Respondent no. 1-6- State
: Mr. Malay Jain, Panel Lawyer
For Respondent no. 7
: Mr. Abhijeet Mishra, Advocate
For Respondent no. 8
: Mr. Anuroop Panda, Advocate
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
02.09.2026
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1. Learned counsel for respondent no. 8 would submit that in the petition wherein learned counsel Mr. Surfaraz Khan argued and similar reliefs were sought for, was disposed of with a direction to the Collector to take decision on the letter of Commissioner, Bilaspur Division, Bilaspur, therefore this petition can also be disposed of in similar terms.
2. Learned counsel for the petitioner submits that in this petition, petitioner is also aggrieved with the notice issued by Tehsildar, Tamnar vide Annexure P-1 under the head of ‘proceedings of possession of the vacant house of petitioner’. He submits that the respondents could not evict the petitioner without complying with the directives issued by the Commissioner, Bilaspur Division, Bilaspur of formulating the rehabilitation policy of the land.
3. Learned counsel for the State submits that he may be granted time to file reply to this petition.
4. Learned counsel for the respondent no. 8 submits that Annexure P-1 is not an order but is a notice to petitioner to appear before the Tehsildaar, Tamnar.
5. I have heard learned counsel for the respective parties.
6. It is the case of the petitioner, that land of petitioner was acquired pursuant to the land acquisition proceedings under Section 247 of Chhattisgarh Land Revenue Code and was granted to the private respondents but no order was passed for rehabilitation of the petitioner.
7. Perusal of the documents enclosed along with this writ petition would show that the Commissioner, Bilaspur Division, Bilaspur vide memo dated 08.06.2018 written to the Collector, Raigarh District- Raigarh in which he has made recommendations for rehabilitation and resettlement of the land owners of which the Surface Rights was granted to respondent no. 8. Therefore, I find it appropriate to dispose of this writ petition in similar terms as of the writ petition bearing WPS No. 1958 of 2021.
8. It is also directed that the respondent authorities shall not act upon the notice (Annexure P-1) dated 24.08.2021 till the decision is taken by the Collector on the memo of Commissioner dated 08.06.2018. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Alfiza
JUDGE