1 2025:CGHC:12241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1389 of 2025 1 - Ishak Ali S/o Nisar Ali Aged About 46 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 2 - Raj Kumari D/o Horilal Aged About 41 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 3 - Lokeshwari Bai D/o Jeevan Lal Aged About 41 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 4 - Sunny Jain S/o Vinod Jain Aged About 75 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 5 - Abdul Ramjaan S/o Abdul Rajjak Aged About 55 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 6 - Baalchand Jain S/o Khemchand Jain Aged About 70 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 7 - Suhana Parveen W/o Ishadad Aged About 90 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 8 - Smt Sama Parveen W/o Sheikh Mustakeen Ali Aged About 28 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 9 - Kumeshwari Markende W/o Govind Prasad Aged About 31 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 10 - Shanur W/o Shafi Ahmed Aged About 47 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.12 17:48:54 +0530 2 11 - Kajal Nag W/o Luchan Nag Aged About 30 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 12 - Sahista Praveen W/o Sharif Khan Aged About 45 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 13 - Sitaram Thakur S/o Ranjan Singh Aged About 54 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 14 - Tikeshwar Lal S/o Jeevan Lal Aged About 30 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 15 - Ram Bai Mahara W/o Tikam Mahara Aged About 70 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 16 - Shekh Fazan S/o Shekh Ramjan Aged About 24 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 17 - Sundari Bai W/o Kanhiya Lal Yadav Aged About 65 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 18 - Chadrinka Khan W/o Nabbu Khan Aged About 58 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) 19 - Parasnath Bhuarya S/o Dirbal Bhuarya Aged About 59 Years Resident Of Gayatri Mandir Road Aazad Chowk Ruabandha, Risali, District- Durg (C.G.) . Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Urban Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Executive Engineer Chhattisgarh Housing Board, Utai Road Behind Lic Office Padmanbpur Durg, (C.G.)3 - Nagar Palika Nigam Risali Through Commissioner, Risali Bhilai, District Durg (C.G.) Respondent(s) For Petitioner(s) : Mr. Tapan Kumar Chandra, Advocate For Respondent(s) : Ms. Nupoor Sonkar, PL For Resp No.2 : Mr. Sanjay Patel, Advocate For Resp. No. 3 : Mr. Pankaj Agrawal, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 3 12/03/2025 1. By the present writ petition, the petitioners are questioning the communication dated 14/01/2025, issued by the C.G. Housing Board, Division Durg, by which, the respondent/Housing Board has directed the petitioners to remove the illegal encroachment and constructions over the land bearing Khasra No.4/2 area of 3.75 acres. 2. Learned counsel for the petitioners submits that the petitioners are having possession over the plot in question under the Pattas. granted by the then Government of Madhya Pradesh and they are making payment of property tax to the Municipal Corporation. However, the impugned notice for removal of encroachment has been issued by the Housing Board on 14/01/2025 without providing any opportunity of hearing and without issuance of any notice to the petitioners. 3. Learned counsel for the Housing Board/respondent No.2, on instructions, submits that the petitioner never approached the Board, whereas the land on which they are claiming and the land for which the Pattas are granted are different and if the petitioners will approach the Housing Board, their grievance shall be considered and necessary order will be passed in accordingly. He further submits that the land, in which, the petitioner are having illegal possession, has been purchased by the Housing Board from the Bhilai Steel Plant. 4. Learned counsel for the respondent/State and counsel for the respondent No.3 have no objection to the contentions made by learned counsel for the respondent No.2/Housing Board. 4 5. I have heard learned counsel for the parties and perused the communication dated 14.01.2025. 6. From perusal of the said document, it appears that the petitioners have never heard before issuance of the communication dated 14/01/2025 and no opportunity of hearing was afforded to the petitioners, hence, the Housing Board/respondent is directed to issue individual notice to the petitioners within a period of one week and the petitioners, on receiving the said notices, within a further period of fifteen days, may submit their reply or representation to the Housing Board along with their documents on the basis of which they are claiming their ownership and the possession over the land in question. After hearing the parties, the Housing Board shall take a decision about the possession and constructions made by the petitioners within a period of thirty days from the date of submission of reply by the petitioners. Till 30 days, impugned order dated 14/01/2025 Annexure P-2 shall remain stayed. 7. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul