1 2025:CGHC:20956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2357 of 2025 1 - Sajjad Ali S/o Late Shri Safdar Ali Aged About 31 Years R/o Gandhi Nagar, Ward No. 39, Diprapara, P.S.- Kotwali, Post Office, Tehsil And District - Durg (C.G.) 2 - Shaheed Ali S/o Late Mod. Rajjak Ali Aged About 45 Years R/o Gandhi Nagar, Ward No. 39, Diprapara, P.S. - Kotwali, Post Office, Tehsil And District - Durg (C.G.) 3 - Riyaz Ali S/o Rajjab Ali Aged About 40 Years R/o Gandhi Nagar, Ward No. 39, Diprapara, P.S. - Kotwali, Post Office, Tehsil And District - Durg (C.G.) 4 - Naimuddin S/o Late Abdul Sayid Aged About 41 Years R/o Ashraf Nagar, Taiyapara, P.S., Post Office, Tehsil And District - Durg (C.G.) 5 - Damodar Prasad Pandey S/o Bhuvenshwar Nath Pandey Aged About 56 Years R/o House No. 102, Mahalie Road, Ward No. 55, Baghera, P.S., Post Office, Tehsil And District - Durg (C.G.) 6 - Ayub Asharafi S/o Akram Patle Aged About 51 Years R/o Pachri Para, Ward No. 28, P.S., Post Office, Tehsil And District - Durg (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.05.08 12:47:33 +0530 2 7 - Sheikha Anwar S/o Arman Shah Aged About 45 Years R/o Tamerpara, Ward No. 30, P.O., P.S., Tahsil And District - Durg (C.G.) 8 - Abdul Salam S/o Late Md. Shafiq Khan Aged About 40 Years R/o Gandhi Nagar, Diprapara, P.S. - Kotwali, Post Office, Tehsil And District - Durg (C.G.) 9 - Mohammad Jamal Khan S/o Idris Khan Aged About 64 Years R/o Rajiv Gandhi Nagar, Raipur Naka, District - Durg (C.G.) 10 - Prem Chand Jain S/o Panna Lal Jain Aged About 64 Years R/o Gaya Nagar, District - Durg (C.G.) 11 - Satyanarayan Pandey S/o Late Punvashi Pandey Aged About 64 Years R/o Indira Market District - Durg (C.G.) 12 - Ilyas Khan S/o Late Ayaz Khan Aged About 33 Years Gandhi Nagar, District - Durg (C.G.) 13 - Md. Mohsin Raza S/o Gulam Wali Md. Aged About 34 Years Takiyapara, District - Durg (C.G.) 14 - Arman Alam S/o Late Anwar Alam Aged About 39 Years Takiyapara, District - Durg (C.G.) 15 - Shahrukh Khan S/o Late Ayfaz Khan Aged About 27 Years R/o Gandhi Nagar, District - Durg (C.G.) 16 - Abdul Rashid S/o Md. Riyazuddin Aged About 72 Years R/o Takiyapara, District - Durg (C.G.) 17 - Shridhar Kale S/o Parasramikale Aged About 69 Years R/o Aadityanagar, District - Durg (C.G.) 3 18 - Hullas Ram S/o Dinanath Aged About 59 Years R/o Bajrang Nagar, District - Durg (C.G.) 19 - Hitesh Kumar Kotecha S/o Late Shri Bharat Bahi Kotecha Aged About 33 Years R/o Sector -6, Bhilai, District - Durg (C.G.) 20 - Md. Jafar S/o Saffayat Khan Aged About 51 Years R/o Takiyapara, District - Durg (C.G.) 21 - Md. Raish Ashrafi S/o Late Toukir Ashrafi Aged About 50 Years R/o Toukir Ashrafi, Takiyapara, District - Durg (C.G.) 22 - Akbar Khan S/o Hasnain Khan Aged About 37 Years R/o Takiyapara, District - Durg (C.G.) 23 - Bhaskar Rao Kale S/o Late Parasram Kale Aged About 77 Years R/o Hannagar, District - Durg (C.G.) 24 - Aabid Khan S/o Late Mumtaj Khan Aged About 43 Years R/o Takiyapara, District - Durg (C.G.) 25 - Abdul Mobin S/o Abdul Siraz Khan Aged About 53 Years R/o Takiyapara, District - Durg (C.G.) 26 - Irshad Khan S/o Rauf Khan Aged About 55 Years Takiyapara, District - Durg (C.G.) 27 - Abdul Warish S/o Abdul Barik Aged About 55 Years R/o Gandhinagar, District - Durg (C.G.) 28 - Shadab Khan S/o Late Shri Bhuru Khan Aged About 26 Years R/o Gandhinagar, District - Durg (C.G.) 4 29 - Nafis Ahmad S/o Late Abdul Majid Aged About 53 Years R/o Adarsh Nagar, District - Durg (C.G.) 30 - Safru Khan S/o Late Safayat Khan Aged About 57 Years R/o Takiyapara, District - Durg (C.G.) 31 - Mehafuz Khan S/o Jamal Khan Aged About 33 Years R/o Raipur Naka, District - Durg (C.G.) 32 - Himmat Lal Maru S/o Dhanji Bhai Maru Aged About 76 Years R/o Behind Apsara Talkies, District - Durg (C.G.) 33 - Naushad Khan S/o Hasan Khan Aged About 35 Years Takiyapara, District - Durg (C.G.) 34 - Firoz Khan S/o Hasan Khan Aged About 45 Years R/o Takiyapara, District - Durg (C.G.) 35 - Imran Khan S/o Abbas Khan Aged About 39 Years R/o Takiyapara, District - Durg (C.G.) 36 - Md. Saddam Hussain Khan S/o Late Shri Abbas Khan Aged About 32 Years R/o Takiyapara, District - Durg (C.G.) 37 - Ishlam Khan S/o Late Isha Khan Aged About 67 Years R/o Shanti Nagar, District - Durg (C.G.) 38 - Samshad Khan S/o Late Safayat Khan Aged About 59 Years R/o Takiyapara, District - Durg (C.G.) 39 - Shabuddin Khan S/o Late Husain Khan Aged About 59 Years R/o Takiyapara, District - Durg (C.G.) 5 40 - Sajid Bathiya S/o Late Md. Ali Aged About 52 Years R/o Takiyapara, District - Durg (C.G.) 41 - Parvej Khan S/o Asgar Ali Aged About 33 Years R/o Kelabadi, District - Durg (C.G.) 42 - Md. Gani Ashrafi S/o Md. Habibi Aged About 48 Years R/o Shankar Nagar, District - Durg (C.G.) 43 - Afshar Kurashi S/o Ishlam Kurashi Aged About 50 Years Kelabadi, District - Durg (C.G.) 44 - Sahab Ali S/o Late Abdul Shamad Aged About 45 Years R/o Kelabadi, District - Durg (C.G.) 45 - Amzad Ali, S/o Late Abdul Shamad Aged About 53 Years R/o Kelabadi, District - Durg (C.G.) 46 - Md. Sajjad Hussain S/o Md. Chana Hussain Aged About 54 Years R/o Kelabadi, District - Durg (C.G.) 47 - Ashlam Kurashi S/o Ishlam Kurashi Aged About 48 Years R/o Kelabadi, District - Durg (C.G.) 48 - Liyakat Ali S/o Babu Bahi Mistri Aged About 61 Years R/o Ganj Para, District - Durg (C.G.) 49 - Hamid Khokhar S/o Sirajuddin Khokhar Aged About 51 Years R/o Kelabadi, District - Durg (C.G.) 50 - Tahir Ali S/o Late Lale Khan Aged About 47 Years R/o Gandhi Nagar, Diprapara, District - Durg (C.G.) 6 51 - Wasim Ali S/o Late Shri Hussain Ali Aged About 39 Years R/o 5 Kasardih, District - Durg (C.G.) 52 - Kamalnarayan Mohbiya S/o Manghuram Mohbiya Aged About 49 Years R/o Dhimarpara, District - Durg (C.G.) 53 - Javed Khan S/o Varfat Ali Aged About 52 Years R/o Ward No. 30, Tamerpara, District - Durg (C.G.) 54 - Yogesh Kumar Gupta S/o Umesh Gupta Aged About 49 Years R/o Guru Ghanshi Das Kasardhi, District - Durg (C.G.) 55 - Abdul Majid S/o Late Badruddin Aged About 47 Years R/o Polsay Para, District - Durg (C.G.) 56 - Dadai Bano S/o Late Baiju Ali Aged About 53 Years R/o Irani Dera, Kelabadi, District - Durg (C.G.) 57 - Md. Salim Khan S/o Late Yakub Khan Aged About 51 Years R/o Santra Badi, District - Durg (C.G.) 58 - Laxmi Tamrakar W/o Shri Prakash Chandra Aged About 55 Years R/o Tamerpara, District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District - Raipur, Chhattisgarh. 2 - The Collector District - Durg, Chhattisgarh. 3 - The Municipal Corporation, Durg Through - The Commissioner, 7 District - Durg, Chhattisgarh. 4 - Bazar Adhikari Durg Municipal Corporation Durg, District - Durg, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Shantam Awasthi, Advocate For State :- Mr. Praveen Das, Dy. A.G. For Respondents No. 3 & 4 :- Mr. Dhiraj Kumar Wankhede, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 07.05.2025 1. The petitioner, in this writ petition, has prayed for following reliefs:- “10.1. This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable directions to the respondent authorities to provide proper rehabilitation to the petitioners before moving ahead with the impugned demolition procedure. 10.2. This Hon'ble Court may kindly be pleased direct the Respondents i.e. respondent No. 3 and 4 to not demolish/remove the shops of the petitioners until proper rehabilitation has been provided to them following lawful procedure. 10.3. This Hon'ble Court may kindly be pleased to direct the respondent no. 03 8 & 04 to not to carry on with demolition. 10.4. This Hon'ble Court may kindly be pleased to allow any other relief which the Court deems fit and proper including cost of petition.” 2. By way of this petition, the petitioners are challenging the arbitrary action of demolition/removal of their shops situated at Indira Market, Durg, by the respondent authorities. The said action has been initiated and is being carried out without issuing any prior notice to the petitioners/street vendors, thereby violating the principles of natural justice. It is also pertinent to mention that no rehabilitative measures have been taken by Respondent Nos. 3 and 4 prior to the demolition/removal of the petitioners’ shops. The petitioners, being street vendors, are wholly and solely dependent on these shops for their livelihood. As a result of the impugned action, their fundamental right to livelihood, as well as their right to carry on any occupation or business under Article 19(1)(g) of the Constitution of India, has been infringed. Hence, this petition. 3. Learned counsel for the petitioner submits that the action of the respondent authorities in attempting to demolish the petitioners’ shops and displace them without proper notice, lawful allotment, or adherence to the applicable rehabilitation policies is arbitrary, illegal, and violative of their fundamental rights under Articles 14 and 19(1)(g) of the Constitution of India. He submits that despite the pendency of prior litigations and the presence of established street vending rules under the Chhattisgarh Street Vendors Act, 9 2015, no concrete steps have been taken for proper rehabilitation, and the land allotted is under dispute or inappropriate for resettlement. Therefore, it is prayed that the petitioners may be given liberty to file fresh representations and the said representations may be directed to be considered and decided by the concerned respondent authority within stipulated time. 4. Learned counsel for the respondents submit that in view of limited prayed made by learned counsel for petitioner, they are having no objection. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and also considering the limited prayer made by learned counsel for the petitioners, the petitioners are given liberty to approach before the respondent authorities concerned and the authorities concerned, in turn, are directed to consider and redress the grievance of the petitioners, in a pragmatic manner by passing an appropriate order, in accordance with law as early as possible. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction/observation, the writ petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha