Writ jurisdiction under Article 226 is not warranted where revenue records and spot inspection reports confirm that the land claimed as acquired was never utilized or acquired by the state, and compensation for the actually acquired portion was already determined.

C A V Order

1. The present Writ Petition has been filed for the following reliefs:-

10.1 That, this Hon'ble Court may kindly be pleased to issue suitable writ for Respondent Authorities to release separately or collectively the compensation of said acquired land bearing Khasra no. 1846 situated at village Ghivra Patwari Halka No. 27 Tahsil Jaijaipur (C.G.) to petitioners within stipulated time.

10.2 That, any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost may also be allowed.

2. Gist of the facts is that the land of the petitioners was acquired by respondent authorities for the construction of canal 35 years ago but when the compensation had not been paid for a long time, the father/husband of petitioners approached this Court vide WPC No. 1519/2019 in which, this Court directed respondent no. 2/ Collector Janjgir Champa (C.G.) to decide the representation of the petitioner in respect of land acquisition within a period of 60 days. Ultimately, Collector Janjgir-Champa (C.G.) in compliance of order of this Court called the record of acquired land of petitioner from the office of The Executive Engineer Hasdev Canal Water Management Division Janjgir Distt. Janjgir-Champa (C.G.) and thereafter registered the additional land acquisition case of petitioner vide proceeding dated 25.04.2020. As per said proceeding dated 25.4.2020, SDO (R) and Land Acquisition Officer Sakti initiated the said case of petitioner vide order sheet dated 19.5.2020, 11.6.2020, 3.7.2020, 14.1.2021, 18.1.2021. Thereafter, when the respondent in pursuant to aforesaid order of this Court could not decide the representation of petitioner within 60 days, the respondents authorities filed MCC no. 144/2021 on 16.2.2021 before this Court for extension of time for compliance of the order dated 29.4.2019 passed by Court in WPC No. 1519/2019. The said MCC was disposed off on 05.05.2023. In the meanwhile on 18.3.2021, the SDO (R) and Land Acquisition Officer Sakti issued the calculation process of land in favour of father/husband of petitioner bearing Khasra no. 1846 as total amount of Rs. 13,44,540/-. Thereafter on 27.3.2021 the respondent no. 2 issued a proposal dated 27.03.2021 for purchase of land in favour of father/husband of petitioner vide Annexure P/7. On 02.05.2021, unfortunately the father/husband of petitioner died leaving behind legal representative petitioner no. 1 to 5. On the basis of death of father/husband of petitioner, all the revenue records of the petitioner including above said Khasra no. 1846 was altered by lawful mutation in the name of all his legal heirs i.e. petitioner no. 1 to 5. Thereafter again in the name of legal representatives i.e. Petitioners nos. 1 to 5, the SDO (R) and Land Acquisition Officer Sakti issued the calculation process of said acquired land for further action of the Collector Janjgir-Champa vide order dated 25.9.2021. Thereafter, on 28.10.2021, Collector Janjgir Champa issued an order and a proposal for purchase of land of petitioners vide Annexure P/11. Thereafter, the SDO (R) and Land Acquisition Officer Sakti issued the order sheet for issuing public notice to the Collector Janjgir-Champa vide its revenue order sheet dated 28.12.2021 along with consent deed dated 29.11.2021. Thereafter, the respondent Collector Janjgir- Champa issued the public notice in respects of purchasing of said land of petitioner no. 1 to 5 vide its letter dated 02.02.2022. Thereafter, the SDO (R) and Land Acquisition Officer Sakti arbitrary once again called the