1 2025:CGHC:6506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1586 of 2023 1. Bilaspur Muslim Committee Bilaspur Chhattisgarh, Muslim Sarai, A.H. Aadam Ji Hall, Behind Telephone Exchange Road Imlipara, Bilaspur Chhattisgarh. Through Its President I.M. Sagri, S/o Late Hajiwali Mohammad, Aged About 70 Years, R/o Link Road Opp. Balraj Petrol Pump, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh Through Collector Bilaspur, District : Bilaspur, Chhattisgarh 2. Municipal Corporation Bilaspur Through Commissioner Office Of Municipal Corporation Bilaspur, District : Bilaspur, Chhattisgarh 3. Ramesh Kumar Thakur S/o Late Ganesh Singh Thakur Aged About 74 Years R/o Imlipara, Behind Telephone Exchange Road Bilaspur, District : Bilaspur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Neeraj Choubey, Advocate For Respondent/State : Ms Nupur Sonkar, Panel Lawyer For Respondent/ Corporation : Shri Ashutosh Trivedi, Advocate For Respondent No.3 : Ms Renu Kochar, Advocate Order on Board By Bibhu Datta Guru, J. 2 5/2/2025 1. By the present petition, the petitioner is seeking quashment of the impugned notice dated 22-3-2023 by which the respondent/Corporation has directed the petitioner to remove the encroachment from the part of road/land bearing khasra No.488 situated at Imlipara Road. 2. Learned counsel appearing for the petitioner would submit that the impugned notice has been issued pursuant to the order dated 15-2-2023 passed by this Court in WPC No.5213 of 2022 wherein the petitioner herein was not a party. The said writ petition was filed by Ramesh Kumar Thakur (respondent No.3 herein) seeking a direction for removal of illegal construction of hut admeasuring 21 x 10 ft. on khasra No.488, which has been reserved for road. The said writ petition was disposed of by this Court with a direction to the Corporation to comply and follow the notice dated 5-4-2017. Since the proceeding has been initiated by issuance of impugned notice for removal of encroachment, pursuant to an order of this Court, where the petitioner herein was not a party, the same is absolutely illegal and arbitrary. 3. Learned counsel appearing for the Corporation, on the other hand, would submit that the impugned notice was issued to the petitioner for removal of encroachment, as per the order of this Court and, as such, there is no illegality. 4. I have heard learned counsel for the parties and perused the documents. 5. Bare perusal of the impugned notice as well as the order of this Court passed in WPC No.5213 of 2022, it is manifest that there was a direction for compliance of the notice dated 5-4-2017 and pursuant to the said 3 order, the impugned notice has been issued by the Corporation. From the contents of the notice dated 22-3-2023, it is quite vivid that the same is a non-speaking and unreasoned that too without considering the contention made by the petitioner. 6. In view of foregoing, the impugned notice dated 22-3-2023 is quashed and the Commissioner, Municipal Corporation, Bilaspur, is directed to issue fresh notice to the petitioner in addition to the notice dated 5-4- 2017 and thereafter, by affording due opportunity of hearing to the petitioner and the respondent No.3, pass a reasoned and speaking order, in accordance with law and on its own merits, at the earliest possible preferably within a period of 50 days from the date of receipt of a copy of this order. Till then no coercive steps shall be taken against the petitioner. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the Corporation shall pass appropriate orders without being influenced by any of observations made hereinabove. 8. In the result, the writ petition is allowed to the extent indicated above, leaving the parties to bear their own cost(s). Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.05 17:57:11 +0530