1 / 4 2025:CGHC:11929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1204 of 2025 1 Yamini Pandey D/o Shri Dinesh Kumar Pandey Aged About 30 Years Permanent R/o New Teacher Colony, Tilda- Neora, Tahsil Tilda, District Raipur Chhattisgarh. Through Their Power Attorney Holder - Shri Dinesh Kumar Pandey, S/o Shri Ram Suyash Pandey, Aged About 56 Years, R/o New Teacher Colony, Tilda - Neora, Tahsil Tilda, District Raipur Chhattisgarh. 2 Stuti Pandey D/o Shri Dinesh Kumar Pandey Aged About 27 Years Permanent R/o New Teacher Colony, Tilda- Neora, Tahsil Tilda, District Raipur Chhattisgarh. Through Their Power Attorney Holder - Shri Dinesh Kumar Pandey, S/o Shri Ram Suyash Pandey, Aged About 56 Years, R/o New Teacher Colony, Tilda - Neora, Tahsil Tilda, District Raipur Chhattisgarh. 3 Meemansha Pandey D/o Shri Dinesh Kumar Pandey Aged About 25 Years Permanent R/o New Teacher Colony, Tilda- Neora, Tahsil Tilda, District Raipur Chhattisgarh. Through Their Power Attorney Holder - Shri Dinesh Kumar Pandey, S/o Shri Ram Suyash Pandey, Aged About 56 Years, R/o New Teacher Colony, Tilda - Neora, Tahsil Tilda, District Raipur Chhattisgarh. 4 Vyom Pandey S/o Shri Rakesh Pandey Aged About 21 Years Permanent R/o New Teacher Colony, Tilda- Neora, Tahsil Tilda, District JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.12 11:31:34 +0530 2 / 4 Raipur Chhattisgarh. Through Their Power Attorney Holder - Shri Dinesh Kumar Pandey, S/o Shri Ram Suyash Pandey, Aged About 56 Years, R/o New Teacher Colony, Tilda - Neora, Tahsil Tilda, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 The State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh. 2 The Collector Raipur, District Raipur Chhattisgarh. 3 The Tahsildar Tilda, District Raipur Chhattisgarh. 4 The Municipal Council, Tilda Neora Through Its Chief Executive Officer, Municipal Council, Tilda - Neora, District Raipur Chhattisgarh. ... Respondent(s) For Petitioner : Shri Roop Ram Naik, Advocate For Respondents/ State : Ms. Nupoor Sonkar, P.L. For Respondent No. 4 : Shri Shikhar Shukla, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 11/03/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent/ Municipal Council, Tilda-Neora/ Respondent No. 4 and the State authorities not to construct road over the land bearing khasra No. 777/36 area 0.080 hect which is situated at village Tilda, P.H. No.19 R.I. Circle Tilda,Tahsil Tilda, 3 / 4 District Raipur (C.G.) owned by the present petitioner. 2. Learned counsel for the petitioner would submit that vide Annexure P-3, dated 15.10.2024 , the CMO, Municipal Council has issued a communication to the petitioner to remove the construction material/ articles which has been stored on the road, otherwise, the CMO threatened the petitioner for action under the C.G. Nagar Palika Adhiniyam, 1961. He further submits that notice/ communication dated 15.10.2024 is without mentioning the details of land on which the alleged construction articles/ materials have been stored. 3. Learned counsel for respondent No. 4 by placing memo of Tahsildar dated 25.11.2024 submits that construction material is stored on the land bearing khasra No. 777/2 area 0.065 which is owned by one Mohan Singh Thakur S/o Hari Singh Thakur and the petitioner is having nothing to do with the said land. He further submits that the Municipal Council has not done any type of construction over the land of the petitioner and there is no plan for making any construction over the land owned by the petitioner bearing khasra No. 777/36 area 0.080 area. 4. I have heard learned counsel for the parties and perused the documents. 5. Considering the same, in view of the submission made by the learned counsel for respondent No. 4, as there is no plan to make any construction over the land owned by the petitioner bearing Khasra No. 777/36 area 0.080 hect, the writ petition is disposed 4 / 4 off with a liberty to Municipal Corporation & State authorities that if in future the land is required for any construction or any action is needed for removal of alleged encroachment the Municipal Council is free to act in accordance with law. 6. With the aforesaid observation, the petition stands disposed off. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti