S» 1-? C^ )'e5-^^_ BEFORE THE HON'BLE HIGH COURTOF CHHArnSGARH AT BILASPUR WRIT PETITION fCl N0. ti(>13 /2010 PETITIONER Bhanu Prasad Patel, aged about 40 years, S/o. Maniklal Patel, R/o. Village Tuta, District Raipur, Chhattisgarh acted for and on behalf of family members Manik Lal, Kanta Bai, Bhusan Lal and other Legal Representatives. VERSUS RESPONDENTS: ^- 1. State of Chhattisgarh, Through: The Secretary, Urban Administration and Development Department, DKS Bhawan, Mantralaya, Raipur, Chhattisgarh '2. The Chief ExecutiveOfficer, New Raipur Development Authority, New Rajendra Nagar, RDA Building, Govind Sarang Premises, Raipur, Chhattisgarh WRITL UNDER ^RTICJ-E 226/227 QF _ THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF. MANDAMUS. CERTIORARI OR ANY OTHER WRIT/WRITS OR ORDER/ORDERS OR DIRECTION OR DIRECTIONS OF THEJ.IKE ^b HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fC) N0. 4613 of2010 Petitioner Respondent Versus Bhanu Prasad Patel State of Chhattisgarh & Another. ^; ^;•?ti;^0i^^^^^' <>. ?asE-K WQ, WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Rahul Tamaskar, Advocate for the petitioner. Shri A.S.Kachhawaha, Dy. Advocate General, for the State/ respondents. ORDER fORAL) (Passed on 18th day ofAugust, 2010) 1. By the instant petition, the petitioner seeks a direction to flie respondent for disposal of acquisition proceeding within a period ofthree weeks from the date ofthe order. Further to disburse the amount for the land under acquisition forthwith along with interest@ 12%. 2. Facts as narrated by the petitioner is that the mother of the petitioner namely Smt. Kamta Bai purchased a land bearing Khasra No.97/1/2 measuring about 1.619 hectare at village Tuta, Patwari Circle No. 137, Tahsil & District Raipiir, vide registered sale deed dated 12/2/1998. 3. A notification was issued for acquisition of the said land alongwith others. Applications were invited for mutual consent by the land-holders. The land-holders were also offered for their rehabilitation. A notice was published on 27/2/2010 in the newspaper "Dainik Bhaskar" stating that the land of the 2 ^!^ :ifiSN3S?- petitioner alongwith others are under consideration for purchase offhe said lands. The petitioner produced documents for sale of the said land, however, objection was raised by one Daulal, and thereafter, despite notice, Daulal failed to appear and instead of proceeding ex-parte, the authorities are delaying the proceedings. Thus,this petition. Full notification has not been produced and it appears that in two pages of notificatiori only one page has been filed with tfie petition. In the case on hand, the proceeding was not under provisions of Land Acquisition Act, but on direct sale from the land owner to the respondent authorities. It appears that no action has been taken since March, 2010. The petitioner, by way ofthis petition, seeks a direction for expeditious disposal. In normal course, no direction can be issued as this is a dispute between the seller and purehaser, may be the Raipur Development Authority. However, having regard to equity ofthe case, it is expected that the authorities may consider grievance of the petitioner appropriately in accordance with law at the eariiest. Accordingly, the petition is disposed of. No order asto costs. Asj-iok Sd/- Satish K. Agnihotri Judge