1 2025:CGHC:21526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1600 of 2025 1 - Krishna Kumar Shriwas S/o Arjun Singh Aged About 54 Years R/o Street 1 Vivekanand Nagar, Ward 52 Borsi Road, District Durg, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Principal Secretary, Urban Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Nagar Palika Nigam Durg Through Commissioner, Durg, District Durg Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Tapan Kumar Chandra, Advocate appears on behalf of Mr. T. K. Jha, Advocate For State/Respondent No.1 : Mr. Praveen Das, Dy. Advocate General with Mr. Santosh Bharat, Panel Lawyer For Respondent No.2 : Mr. Dhiraj Kumar Wankhede, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 07/05/2025 1. Heard Mr. Tapan Kumar Chandra, Advocate appears on behalf of Mr. T. K. Jha, learned counsel for the petitioner. Also heard Mr. Mr. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.09 19:22:08 +0530 2 Praveen Das, Dy. AG with Mr. Santosh Bharat, PL for the State/respondent No.1 as well as Mr. Dhiraj Kumar Wankhede, learned counsel for the respondent No.2. 2. By this instant petition the petitioner has prayed for following relief/s : “10.1 Hon'ble Court may kindly be pleased to call for the entire record pertaining to the instant case. 10.2 The Hon'ble Court may kindly be pleased to allow this petition and set aside the order, dated 22.02.2025 ANNEXURE P/2, in the interest of Justice. 10.3 Any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be provided to the petitioners.” 3. Learned counsel for the petitioner submits that, the petitioner as well as other residents were in possession of said land for 35 years i.e. ward No.46 Padmnabpur Durg and had constructed a temporary (Kacha) construction as shelters for livelihood, and they have been paying house tax to the Nagar Palika Nigam Durg since 2011. That recently the Nagar Palika Nigam Durg has issued an orders for vacating the said premises. That, the impugned orders issued by the Nagar Palika Nigam is illegal and contrary to the provisions of law and violative of constitution right of shelter. 3 4. Learned counsel for the respondents submits that the reply has already been filed by the respondent No.2 by which it has been clearly stated that they are going to rehabilitate the petitioner though the petitioner is a encroacher. 5. I have heard learned counsel for the parties and also perused the material available on record. 6. In the light of the reply filed by the respondent No.2 by which it has been clearly stated that they are going to rehabilitate the petitioner though the petitioner is a encroacher. Considering the aforesaid submission made by the counsel for the respondent No.2, this matter is disposed of, directing the respondent No.2 to settle the claim of the petitioner by rehabilitating the petitioner in accordance with law within a stipulated period. 7. Accordingly, in light of aforesaid submission made by the parties the interim order passed by this Court is hereby vacated. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi