1 2025:CGHC:17834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2515 of 2022 1 - Kishor Das S/o Raghumani Das Aged About 58 Years R/o Ward No. 01, Ambedkar Nagar, Saraipali , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Development Department , Mantralaya , Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 2 - Collector Mahasamund, District Mahasamund Chhattisgarh. 3 - Sub Divisional Officer Revenue Saraipali , District Mahasamund Chhattisgarh. 4 - Tahsildar Saraipali, District Mahasamund Chhattisgarh. 5 - Chief Municipal Officer Nagar Palika Parishad, Saraipali , District Mahasamund Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Shikhar Sharma, Advocate. For Respondent(s)/State : Ms. Anuja Sharma, Panel Lawyer. For Respondent No. 5 : Mr. R. M. Solapurkar, Advocate. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 21/04/2025 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 issue a writ/order/direction as to quash/set-aside the impugned notices dated 09-05-2022, 13-05-2022, 31-05- 2022 and 02-06-2022 (Annexure P-1). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to not to disturb peaceful possession of the petitioner over the said piece of land. 10.3 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble court deems fit in the circumstances of the case.” 2. Learned counsel for the petitioner submits that notice for removal has been passed against the petitioner, however, no opportunity of hearing was granted to the petitioner. He further submits that he may be given an opportunity of hearing and thereafter necessary orders may be passed. 3. Learned counsel for respondents No. 1 to 4/ State submits that opportunity has already been given to the petitioner and 3 accordingly order has been passed by the Tahsildar, Saraipali, District- Mahasamund. Since the land is situated in the Municipal Limits as such respondent No. 5 i.e. Chief Municipal Officer, Nagar Palika Parishar, Saraipali, District Mahasamund was directed to comply with the order for removal of the petitioner from the encroached area. 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, the petition is disposed of while directing the petitioner to appear before the concerned authorities on 28th April, 2025, and, in turn, the concerned authorities are directed to consider the submissions made by the petitioner and to decide the same within a further period of 15 days. 6. Till the decision passed by the concerned respective authorities after giving opportunity to the petitioner for a period of 21 days no coercive action shall be taken against the petitioner. 7. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat