1 2025:CGHC:29079 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3108 of 2025 Punnu Ram Deshlahare S/o Late Shri Goverdhan Deshlahare Aged About 47 Years R/o Bastipara, Ward No. 19, Village Nayakbandha, Tahsil Abhanpur District - Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mantralaya Mahanadi Bhawan Nava Raipur Atal Nagar District - Raipur (C.G.) 2 - Municipal Council Abhanpur Through Its Chief Municipal Officer (Cmo) Municipal Council Office Abhanpur, District - Raipur (C.G.) 3 - Chairman Municipal Council Abhanpur District- Raipur (C.G.) 4 - Collector Collectorate Premises District - Raipur (C.G.) 5 - Sub Divisional Officer (Rev.) Abhanpur District - Raipur (C.G.) 6 - Tahsildar Abhanpur District - Raipur (C.G.) 7 - Station House Officer (Sho) Police Station Abhanpur District - Raipur (C.G.) --- Respondent(s) WITH WPC No. 3237 of 2025 Punit Ram Deshlahare S/o Late Shri Goverdhan Deshlahare Aged About 38 Years R/o Bastipara, Ward No. 19, Village Nayakbandha, Tahsil Abhanpur, District Raipur (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.01 17:47:57 +0530 2 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Maha-Nadi Bhawan, Nava Raipur Atal Nagar, District Raipur (C.G.) 2 - Municipal Council, Abhanpur Through Its Chief Municipal Officer (C.M.O.), Municipal Council Office, Abhanpur, Disrict-Raipur (C.G.) 3 - Chairman Municipal Council Abhanpur, District Raipur (C.G.) 4 - Collector Collectorate Premises, District Raipur (C.G.) 5 - Sub-Divisional Officer (Rev.) Abhanpur, District Raipur (C.G.) 6 - Tahsildar Abhanpur, District Raipur (C.G.) 7 - Station House Officer (S.H.O.) P.S. Abhanpur, District - Raipur (C.G.) --- Respondent(s) WITH WPC No. 3210 of 2025 Abdul Sattar Kuraishi S/o Abdul Razzak Kuraishi Aged About 60 Years R/o Abhanpur, Tahsil Abhanpur, District Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Municipal Council Abhanpur Through Its Chief Municipal Officer (C.M.O), Municipal Council Office, Abhanpur, District Raipur, Chhattisgarh. 3 - Chairman Municipal Council Office, Abhanpur, District Raipur, Chhattisgarh. 4 - Collector Collectorate Premises, District Raipur, Chhattisgarh. 3 5 - Sub-Divisional Officer (Rev.) Abhanpur, District Raipur, Chhattisgarh. 6 - Tahsildar Abhanpur, District Raipur, Chhattisgarh. 7 - Station House Officer (S.H.O) P.S Abhanpur, District Raipur, Chhattisgarh. --- Respondent(s) WITH WPC No. 3202 of 2025 Abdul Rauf Kuraishi S/o Late Abdul Sattar Kuraishi Aged About 40 Years R/o Durga Chowk, Ward No. 10, Abhanppur, Tahsil Abhanpur, District Raipur (C.G.), Proprietor - Kuraishi Brioler House, Ward No. 08, Chanichari Bazar, Abhanpur, District Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya Maha-Nadi Bhawan, Nava Raipur Atal Nagar, District Raipur (C.G.) 2 - Municipal Council, Abhanpur Through Its Chief Municipal Officer (C.M.O.), Municipal Council Office, Abhanpur, District - Raipur (C.G.) 3 - Chairman Municipal Council Abhanpur, District Raipur (C.G.) 4 - Collector Collectorate Premises, District Raipur (C.G.) 5 - Sub-Divisional Officer (Rev.) Abhanpur, District Raipur (C.G.) 6 - Tahsildar, Abhanpur District Raipur (C.G.) 7 - Station House Officer (S.H.O.) Police Station Abhanpur, District Raipur (C.G.) --- Respondent(s) For Petitioners : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Mr. Satish Gupta, GA 4 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/06/2025 1. These writ petitions have been filed by the petitioners on the following relief(s) : “10.1 That this Hon'ble High Court may kindly be pleased to issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the Impugned notice dated 10.06.2025 issued by the respondent No.2 CMO, Municipal Council, Abhanpur. 10.2 That this Hon'ble High Court may kindly be pleased to issue a writ of Mandamus or any other appropriate writ, order, or direction, restraining the Respondents, their agents, employees, and anybody acting on their behalf from taking any coercive action against the Petitioner's present chicken shop situated Shanichari Bazar, Abhanpur. 10.3 That, the Hon'ble High Court may kindly be pleased to grant any other further relief or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” 5 2. Learned counsel for the petitioners contended that this petition is preferred for quashing the Impugned notice dated 10.06.2025 issued by the respondent No. 2 CMO Municipal Council Abhanpur District Raipur, whereby the authority has, illegally and arbitrarily directed the petitioner and other shop owners to remove/shift his/their shop/s from Shanichari Bazaar, Abhanpur to Ward No. 15 Thakur Ram, near Dabri, Abhanpur. He further contended that the said Ward No.15 is situated approximately 1.5 kilometer away from the main city area, ensuring negligible customer footfall and making it commercially enviable. It also suffers from poor accessibility, lacking proper water, electricity, roads or public transport connectivity. Therefore, it is prayed that the impugned notice dated 10.06.2025 issued by the respondent No.2 CMO, Municipal Council, Abhanpur may be set aside. 3. Learned counsel for the State opposes the submission made by learned counsel for the petitioners. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the respective parties, these writ petitions are disposed of directing to the petitioners to submit the representation/s on 04.07.2025 (date given with the consent of parties) before the competent authority by 6 raising their all grievances as raised in the petitions and in-turn the competent authority is directed to provide proper opportunity of hearing to the petitioners and consider and decide the representations of the petitioners within an outer limit of ‘45 days’ from the date of representations, as per relevant rules, regulations and law. 6. Accordingly, the instant petitions stand disposed of. 7. Till then, no coercive action shall be taken against the petitioners. Certified copy as per Rules. Sd/- (Arvind Kumar Verma) Judge Vasant