1 2025:CGHC:19708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2157 of 2025 1 - Nikhil Nayan Baranwal S/o Late Shri Sanjay Kumar Barnwal Aged About 37 Years R/o Soni Gali, Telipara, Tahsil - Bilaspur, District - Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Urban Development Department, Mantralaya Nava Raipur, District - Raipur Chhattisgarh. 2 - Municipal Corporation Bilaspur Through Commissioner, Vikash Bhawan Nehru Chouk, Bilaspur Chhattisgarh. 3 - Building Officer Municipal Corporation, Bilaspur, District - Bilaspur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Shalvik Tiwari, Advocate. For Respondent(s)/ State : Ms. Upasana Mehta, Dy. G.A. For Respondents No. 2 & 3. : Mr. R. S. Marhas, Addl. A.G. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to quash and set a aside notice dated 17.04.2025 Annexure P/1. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ / order/ direction, restraining the responded authorities from demolishing the shop of the petitioner situated over land bearing khasra no. 434/1 admeasuring 450sqf situated at Chatidih PHN 20/24/33 Municipal Corporation Bilaspur Tahsil & District - Bilaspur direct the respondent authority. 10.3 Any other relief, deemed fit in the present facts and circumstances of this case may also be awarded to the petitioner.” 2. Learned counsel for the petitioner submits that a notice for encroachment has been sent to the petitioner and from the notice it seems that the respondent authorities are going to demolish the super structure with an allegation that he is an encroacher. 3 3. On the other hand, learned counsel for respondents No. 2 & 3 submits that the petitioner was directed to file relevant documents including entitled deeds, B1 and B2 and layout within seven days and accordingly the petitioner has filed the documents as such there is no question of demolition or removal of any question till a decision is being taken. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, it is expected from the Municipal Corporation, Bilaspur that they will give proper opportunity of hearing and they will pass appropriate orders while giving notice for demolition/ encroachment, if any and suitable time may be given to the petitioner to remove the encroachment. 6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat