1 2025:CGHC:15106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1888 of 2019 1 - Shyamal Mallik S/o Late Shri S. K. Mallik Faguram Aged About 54 Years R/o Afrasen Bhawan Marg Korba, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Collector Korba, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh 2 - Municipal Corporation Korba Through Commissioner, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - A. Bajrang S/o A. Padmavenkataiya Sanatory Worker Poltechnique Collage Korba, Civil And Revenue District Korba Chhattisgarh. 4 - A. Tulsi S/o A. Padmavenkataiya Sanatory Worker Municipal Corporation Korba, Civil And Revenue District Korba Chhattisgarh. 5 - P. Narayan S/o P. Ramaiya Sanatory Worker Municipal Corporation Korba, R/o Safai Karmachari Mohalla, Korba, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh 6 - B. Lalu S/o V. Guraiya Sanatory Worker Municipal Corporation Korba, R/o Safai Karmachari Mohalla, Korba, Civil And Revenue District Korba Chhattisgarh. 7 - V. Marshal S/o V. Guraiya Sanatory Worker Municipal Corporation Korba, R/o Safai Karmachari Mohalla, Korba, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh 8 - P. Mohanrao S/o P. Ramaiya Sanatory Worker Municipal Corporation Korba, R/o Safai Karmachari Mohalla, Korba, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh SMT NIRMALA RAO -2- 9 - P. Malayadi Sanatory Worker Municipal Corporation Korba, R/o Safai Karmachari Mohalla, Korba, Civil And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh. ---- Respondents For Petitioner : Shri Devesh G. Kela, Advocate. For Respondent/State : Shri Pramod Shrivastava, Dy.G.A. For Respondent No.2 : Shri Dheeraj Wankhede, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.03.2025 1. Heard on admission. 2. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, the Hon'ble Court be pleased to direct the respondents to place all the records connected with the matter for the kind perusal of the Hon'ble Court. 10.2 That, the Hon'ble Court may be pleased to direct the Respondent No. 1 and 2 to get removed the encroachment over government land and road constructed by Respondent No. 1 from Ravishankar Nagar, Shivaji Nagar to Little Lamp School to Subhash Chowk Niharika in Korba. 10.3 That, such other reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner in the interest of justice.” 3. Learned counsel for the petitioner would submit that the private respondents have encroached upon land reserved for a road. He would contend that a complaint was made to the District Election 3 Officer-cum-District Collector and a copy was also served to the Municipal Corporation, Korba. He would further contend that an inspection was conducted by the Revenue Inspector, and a report was submitted but till date, no action has been taken. 4. Learned counsel for the respondents would submit that the petitioner may approach the Commissioner, Municipal Corporation, Tehsildar or Sub-Divisional Magistrate according to the provisions of the Municipal Corporation Act or CG. Land Revenue Code or Criminal Procedure Code and this petition is not maintainable. He would argue that no direction or order can be passed against the private respondents in the absence of any statutory provisions. 5. Heard counsel appearing for the parties and perused the documents present on the record. 6. Taking into consideration the fact that the petitioner has not mentioned any provision of law and simply made a representation before the Election Officer, in the opinion of this Court, no such direction can be issued and the petition is not maintainable. 7. Consequently, this petition is dismissed. However, the petitioner would be at liberty to take recourse to law. Sd/- (Rakesh Mohan Pandey) Judge Nimmi