1 2025:CGHC:5246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2203 of 2019 1 - Mohan Sahu S/o Daulat Ram Sahu Aged About 44 Years R/o Ward No. 38, Bajrang Nagar, Tatya Para, Raipur, Tahsil And District- Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Raipur, District- Raipur, Chhattisgarh. 4 - Municipal Corporation Raipur Through Its Commissioner, Municipal Corporation, Raipur, District- Raipur, Chhattisgarh. 5 - Shambhu Lal Sahu S/o Late Anand Ram Sahu R/o Bajrang Nagar, Durga Chowk, Tatya Para, Ward No. 38, Raipur, Tahsil And District- Raipur, Chhattisgarh. ---- Respondents For Petitioner : Mr. Vivek Shrivastava, Advocate. For Respondent/ State : Mr. Sanjeev Kumar Agrawal, P.L. For Respondent No.4 : Mr. Gary Mukhopadhyay, Advocate holding the brief of Shri Vivek Sharma, Advocate. For Respondent No.5 : Mr. P.K. Tulsyan, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.01.2025 Digitally signed by SMT NIRMALA RAO -2- 1. The petitioner has filed this petition seeking following reliefs: “10.1 The Hon'ble Court may kindly be pleased to issue appropriate writ/writs, direction/directions, order/orders and to direct the Respondent Authorities to take appropriate action against the Respondent No. 5 and to remove his illegal construction/encroachment from the Government Land which has been purchased by the state Government for the purposes of widening of the Aamapara-Gudhiyari Road, within the stipulated time framed. 10.2 The Hon'ble Court further kindly be pleased to call for the entire records of the case of the petitioner for kind perusal. 10.3 Any other relief, which the Hon'ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioner.” 2. Learned counsel appearing for the petitioner would submit that respondent No.5 has encroached over the private land of the petitioner, and a complaint was made before the Municipal Corporation, Raipur. He would submit that notices were issued to respondent No.5 on 25.12.2018, 18.1.2019 & 25.1.2019, in accordance with the provisions of Section 293(1)(ii) and Section 302 of the Chhattisgarh Municipal Corporation Act, 1956. He would submit that a direction may be issued to the Municipal Corporation, Raipur to take appropriate action. 3. On the other hand, learned counsel for respondent No.5 would submit that a proceeding was initiated at the instance of the petitioner before the concerned Tehsildar and this fact has not been disclosed in the present petition. He would further contend 3 that the petitioner is not an aggrieved party, as there is no encroachment on his land, and therefore, the petition deserves to be dismissed. 4. Shri Gary Mukhopadhyay, counsel appearing for Municipal Corporation would support the contention made by counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the documents present on the record. 6. Taking into consideration the fact that the notices were issued to respondent No.5 on various dates but no decision has been taken, therefore, Municipal Corporation, Raipur, is directed to take appropriate decision strictly in accordance with law pursuant to notices dated 25.12.2018, 18.1.2019 & 25.1.2019, if the same have not been decided yet. 7. With the aforesaid observation(s), the petition is disposed of. Respondent No.5 would be at liberty to place all the documents before the Municipal Corporation, Raipur. Sd/- (Rakesh Mohan Pandey) Judge Nimmi