Facts of the Case

Badrivishal Gupta owned agricultural land (khasra No.12/1, 1.40 hectares) at Bhupdevpur, Tahsil Kharsiya, District Raigarh. He alleged that the Railway authorities (South Eastern Central Railway, through the Divisional Railway Manager and the Station Master, Bhupdevpur) had encroached upon and used his land for about 8-10 years by storing cemented sleepers and other construction materials, without paying any compensation. After an earlier petition (WPC No.5763/2025) resulted in a direction to decide his representation, and a subsequent contempt petition, the Railway authorities decided his representation on 16.03.2026, admitting the land had been used and stating it was vacated on 07.11.2025, but without paying any compensation. The petitioner sought quashing of that rejection and compensation, including reimbursement of ₹1,14,950 and ₹95,040 spent on JCB machinery to restore the land's fertility.

Issues Involved

  1. Whether the Railway authorities' admitted use of the petitioner's land for years without compensation entitled him to reimbursement of restoration costs.
  2. Whether the disputed 8-10 year period of use, and further crop-loss compensation, could be adjudicated in writ jurisdiction or required a civil suit.
  3. Whether the absence of GST details on the petitioner's restoration bills was a valid ground to deny reimbursement.

Petitioner's Arguments

  • The Railway's own order (Annexure P-1) and the Revenue Inspector's report (Annexure P-4) admitted the land had been used and encroached upon for years.
  • The petitioner had incurred documented expenses restoring the land's fertility using JCB machinery, evidenced by bills dated 17.02.2026 (₹1,14,950) and 27.02.2026 (₹95,040), and sought payment of these amounts with liberty to sue separately for further crop-loss damages.

Respondent's Arguments

  • The Railway authorities disputed that the land was used for 8-10 years, contended the Panchnama (Annexure P-4) was prepared without their presence, and argued the restoration bills did not contain GST details or a GST registration number, so the petitioner was not entitled to reimbursement on that basis.
  • They sought time to file a formal reply.

Court Order / Findings

  • The Court held that the Railway's own admission in Annexure P-1 (that the land was vacated only on 07.11.2025) confirmed prior use, corroborated by the Revenue Inspector's report and a Gram Panchayat resolution.
  • Rather than keep the case pending for a formal reply, the Court directed payment of the two documented restoration bills (₹1,14,950 and ₹95,040) within 45 days, while leaving the petitioner free to pursue a civil suit for any further compensation for the disputed period of loss.

Important Clarification

This is a land-encroachment/compensation dispute, not a GST matter — GST appears only because the Railway argued (unsuccessfully, in substance, since the Court ordered payment anyway) that the petitioner's restoration bills lacked GST registration details. The order does not decide any GST-law question; it simply held that the absence of GST paperwork on a small vendor's bill did not defeat an otherwise well-documented compensation claim admitted by the opposing party's own order.

Sections Involved

  • Constitution of India — Article 226
  • Railways Act, 1989 — land use by railway authorities (background)

Decision – In Favour of

Petitioner (Badrivishal Gupta) — partial relief granted (restoration bill amounts), with liberty to sue for further compensation.

Case Details

  • Court: High Court of Chhattisgarh at Bilaspur
  • Case: WPC No.1674 of 2026
  • Neutral Citation: 2026:CGHC:16841
  • Coram: Hon'ble Shri Justice Naresh Kumar Chandravanshi
  • Date: 13.04.2026

Link to Download the Order

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