1 2025:CGHC:9808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1094 of 2025 1 - Kashiram Sharma S/o Late Krishna Kumar Sharma Aged About 55 Years R/o. Ward No. 11, Pithora, Tahsil And Police Station Pithora, District Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration, New Mantralaya, Atal Nagar, Raipur (C.G.) 2 - The Collector District Mahasamund (C.G.) 3 - The Chief Municipal OfÏcer Nagar Panchayat Pithora, District Mahasamund (C.G.) 4 - The Sub Divisional OfÏcer (Rev.) Sub Division Pithora, District Mahasamund (C.G. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.28 17:26:40 +0530 2 5 - The Tahsildar Cum Administrator Nagar Panchayat- Pithora, District Mahasamund (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Pushpendra Kumar Patel, Advocate. For Respondents/State : Shri Mayur Khandelwal, Panel Lawyer. For Respondent No. 3 : Shri Ritesh Sharma, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 27.02.2025 1. By the present writ petition, the petitioner is seeking quashment of the notice dated 17.01.2025 (Annexure P/1) issued by the CMO Nagar Panchayat Pithora, by which the CMO has directed the petitioner to step illegal construction over the shop which was allotted to the petitioner since more than 22-25 years. 2. Learned counsel for the petitioner would submit that the issuance of notice dated 17.01.2025 is contrary to the permission granted by the Nagar Panchayat dated 23.10.2024 by which the Nagar Panchayat has permitted the petitioner to raise construction over the shop No. 205, admeasuring 20 X 20 + 400 Sq. Ft. allotted to the petitioner in the market area of Nagar Panchayat Pithora with certain conditions. 3. Learned counsel Mr Sharma appearing for the respondent No. 3 on advance copy submits that it is the accepted fact that the permission has been granted to the petitioner on 23.10.2024 with 3 certain conditions, however some complain has been received by the Nagar Panchayat that the petitioner in violation of the said condition is raising construction by encroaching over some excess land. The counsel for the Nagar Panchayat also submits that because the petitioner is dumping construction materials over the market area the general public is raising complain of obstruction in the day to day business of the market area and for which the notice has been issued to the petitioner. If the petitioner will make a representation to the CMO explaining the complaint lodged by the general public and the construction is being raised by the petitioner by adhering to the permission dated 23.10.2024, the Nagar Panchayat will permit the petitioner to continue with the construction. 4. I have heard both the parties and perused the notice dated 17.01.2025 and the permission dated 23.10.2024 issued by the Nagar Panchayat to the petitioner. 5. As learned counsel for the Nagar Panchayat is stating that some complaint has been received by the Nagar Panchayat about the excess construction by the petitioner as well as because of the construction material being dumped by the petitioner in the market area the general public are facing problem, it is directed that the petitioner shall approach the CMO Nagar Panchayat within a period of 5 days by explaining that there is no excess encroachment and construction is within the permissible limit as per the permission granted on 23.10.2024 and he will cooperate with the Nagar Panchayat while raising construction over the shop allotted to him. 4 The CMO Nagar Panchayat shall pass a order by considering the representation submitted by the petitioner and the representation/ explanation submitted by the petitioner within a further period of 10 days and if the petitioner is raising construction over the said shop allotted to him within the permissible limit of the permission granted on 23.10.2024, the petitioner be permitted to continue with the construction. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib