BISELAL GAJPAL vs STATE OF CHHATTISGARH

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CGHC010405792026 2026:CGHC:46984
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5246 of 2026
1 - Biselal Gajpal Son Of Shri Bikutram Gajpal, Aged About 66 Years
Resident Of Ward No.45, Ramkrishna Nagar, Tahsil And District -Durg (C.G.)
2 - Ashok Mumar Nawani, Son Of Shri Tekchand Nawani, Aged About 58
Years Resident Of Maruti Vihar, Mohba Bazar, Tahsil And District- Raipur
(C.G.)
3 - Manihar Talreja, Son Of Shri Indrajeet Singh Talreja, Aged About 47
Years Resident Of Lalbag Sindhi Colony Tahsil And District - Rajnandgaon
(C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster
Management, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar,
District Raipur (C.G.)
2 - The Collector, Rajnandgaon, District -Rajnandgaon (C.G.)
3 - The Sub- Divisional Officer (Revenue ) And Land Acquisition Officer,
Rajnandgaon, District -Rajnandgaon (C.G.)
.. Respondent(s)
For Petitioner(s) : Ms. Pranoti Das, Advocate.
For Respondent(s) : Dr. Arham Siddiqui, PL.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
05/11/2026
1. Learned counsel for the petitioners submits that the instant writ petition
has been filed against illegal, arbitrary and discriminatory action
particularly on the part of respondent no. 2 in not granting permission to

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the petitioners to sale out their joint property to achieve their domestic
need.
2. Learned counsel for the petitioners submits that petitioners have
applied for grant of permission on 21.08.2025 before the Respondent
no. 2 for selling out their joint land bearing Khasra no. 15029
admeasuring area 1.067 hectares and Khasra no. 15036 admeasuring
area 1.239 situated at Village-Tedesara, Tahsil & District-Rajnandgaon
(C.G.), but till date, respondent no. 2 has not accorded permission in
favour of petitioners.
3. Learned counsel for the petitioners submits that due to laying down of
railway line in Kharsiya-Naya Raipur-Parmalkasa, vide order dated
11.04.2025, Respondent no. 2 has restricted the sale-purchase of
lands situated at Village-Tedesara, Indawani, Farhad, Baigatola,
Kakrel, Mahuabhatha, Parmalkasa, Tumdilewa. On 21.08.2026, the
Executive Engineer, Public Works Department, Rajnandgaon Division
has submitted no objection before the respondent No. 3 in respect of
aforesaid lands of petitioners for sale, as the land of petitioners are
situated 27 meters away from the proposed bypass road. In turn, vide
letter dated 31.08.2026, the Respondent no. 3 has submitted report
before the respondent no. 2, mentioning therein that the lands of
petitioners are situated 1.500 km away from the proposed rail line and
the lands of petitioner are not likely to be acquired for laying of railway
line.

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4. Learned counsel for the petitioners submits that inspite of above NOC
and report, till date, Respondent no. 2 has not accorded permission in
favour of petitioners to sale out their lands, without any rhyme or
reason.
5. Learned State counsel submits that Executive Engineer, Public Works
Department has forwarded a memorandum dated 21.08.2026 to Sub-
Divisional Officer and Land Acquisition Officer, Rajnandgaon, in which,
the Executive Engineer has stated that the land of the petitioners is
located at a distance of 27.00 meters from Tedesara-Kolihadharsa
Public Works Department Road, which does not fall within the
alignment of the proposed Rajnandgaon-Khairagarh bypass road and
as such, the said division has no objection for the sale or purchase of
the land in question. The relevant portion of the said memorandum
reads as under:-
"
उपरोक्त संदर्भित पत्र के माध्यम से प्राप्त आवेदन में आवेदक श्री
,
बिसेलाल गजपाल श्री अशोक कुमार नवानी श्री मनोहर तलरेजा
- ,
निवासी लालबाग राजनांदगांव के निज स्वामित्व की भूमि ग्राम टेडेसरा
स्थि त भूमि खसरा नं . 15029 व 15036 भूमि का अनुविभागीय
. 1 ,
अधिकारी लोक निर्माण विभाग उपसंभाग क राजनांदगांव ने संबंधित
उपअभियंता एवं स्थल सहायक के द्वारा निरीक्षण करवा लिया गया है।
.
उक्त भूमि टेडेसरा कोलिहाधरसा लोक निर्माण विभाग मार्ग के किमी
1/2 27.00
में मार्ग के मध्य से लगभग मीटर की दूरी पर स्थि त है। यह
-
भूमि प्रस्तावित राजनादगांव खैरागढ़ बायपास मार्ग के संरेखन में नहीं

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-
आ रहा है। अतः आवेदित भूमि का कय विक्रय किया जाता है तो इस
"
संभाग को कोई आपत्ति नहीं होगी।
6. I have heard counsel for the parties and perused the documents
annexed with the petition especially Annexure P/3 dated 21.08.2026.
7. In view of the aforesaid submissions and the memorandum dated
21.08.2026 issued by the Executive Engineer, Public Works
Department, Rajnandgaon Division, the instant writ petition is disposed
of with a direction to respondent No. 2 to consider and decide the
application submitted by the petitioners, in accordance with law, taking
into consideration the aforesaid memorandum dated 21.08.2026,
expeditiously, preferably within a period of 60 days from the date of
receipt of a copy of this order.
8. It is made clear that this Court has not expressed any opinion on the
merits of the claim of the petitioners and the Collector is at liberty to
pass orders on its own merits.
Sd/-
(Amitendra Kishore Prasad)
Judge
Avinash