1 2025:CGHC:203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3 of 2025 1 - Smt Harawati Sahu W/o Banti Sahu Aged About 41 Years R/o Sant Ram Gali, Chhatamuda Naka, Ward No. 34, Raigarh, Tahsil And Distt. Raigarh (Chhattisgarh) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Mantralay Naya Raipur, District Raipur, Chhattisgarh 2 - Collector Raigarh Distt. Raigarh Chhattisgarh 3 - Tahsildar (Nazul) Pussaur, Distt. Raigarh (Chhattisgarh) 4 - The Municipal Corporation Through The Commissioner, Municipal Corporation, Raigarh, District Raigarh, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Rajendra Tripathi, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. G.A. For Respondent No.4 : Dr. Sudeep Agrawal, Advocate. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.03 17:03:29 +0530 2 Hon'ble Justice Shri Bibhu Datta Guru Order on Board 02/01/2025 1. The instant petition is filed against the notices (Annexure P-1) issued by the Tehsildar, Pussaur, C.G. and the Building Officer, Municipal Corporation, Raigarh, C.G. by which, the petitioner was asked to produce documents showing building permission and documents relating to the ownership of the land in question where the petitioner is residing by making construction over the said land. 2. Learned counsel for the petitioner submits that the land in question is the ancestral property of the petitioner and ancestor of the petitioner is in possession of the same since more than 30-40 years and now the petitioner is in absolute possession and having valid title of said land. He further submits that the Tehsildar, Pussaur, District:Raigarh, C.G. has passed an order dated 01/01/2025 for dispossession of the petitioner from the house in question without affording proper opportunity to the petitioner to place the relevant documents and without any demarcation. 3. Learned counsel for the State as well as counsel for the respondent No.4 submits that the building has been constructed by the petitioner without having any building permission from the Corporation, hence, the issuance of notice to the petitioner is just & proper. He further submits that the land on which the building 3 has been constructed is a Nazul land. 4. I have heard learned counsel for both the parties and perused the notice and the order dated 01/01/2025 passed by the Tehsildar. 5. Having considered the facts and circumstances of the case, particularly considering that notices were issued to the petitioner on 24/12/2024 and immediately on 01/01/2025, order of removal has been passed by the respondent/Tehsildar. The order dated 01/01/2025 shows that no physical verification or demarcation of the land in question was done and the petitioner has been given only six days' time to submit the necessary documents for ownership as well as permission in respect of construction of building, which is not sufficient, therefore, the present writ petition is disposed of with a direction to the Tehsildar, Pussaur, Dist: Raigarh as well as Municipal Corporation, Raigarh, C.G. that sufficient opportunity be provided to the petitioner to explain or submit documents regarding his title as well as permission taken by him before making construction over the land. 6. 6. The petitioner may place documents relating to his possession/title over the subject land as well as the necessary permission from the Corporation within a period of 15 days from today and the respondent/Municipal Corporation, Raigarh, C.G. as well as Tehsildar, Pussaur, Dist:Raigarh, C.G. may pass a detail order within a period of 30 days by examining the documents placed by the petitioner and making verification and demarcation 4 of the land in question where the building has been constructed. 7. With the aforesaid observation(s) and direction(s), this petition stands disposed of. The petitioner shall not be evicted till the final decision of the Tehsildar, Pussaur, Dist:Raigarh, C.G. and the Municipal Corporation,Raigarh, C.G. 8. The pending interlocutory application(s), if any, also stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep