1 2025:CGHC:31213 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3456 of 2025 Dr. (Smt.) Shadhana Kasar Aged About 65 Years W/o Shri Bharat Singh Kasar, R/o Behind Panchsheel Club, Ward No. 26, Mahasamund, Distt- Mahasamund C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Development, New Mantralaya, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Secretary, Department Of Agriculture, New Mantralaya, Atal Nagar, Nava Raipur District Raipur C.G. 3 - Collector, District Mahasamund C.G. 4 - Sub Divisional Officer (Revenue), Sub Division- Mahasamund District Mahasamund C.G. 5 - Tahsildar, Tahsil- Mahasamund District Mahasamund C.G. 6 - Chief Municipal Officer, Municipal Council, Mahasamund District Mahasamund C.G. ---- Respondents For Petitioner : Mr. A.N. Bhakta, Advocate For State : Mr. Saumitra Kesharwani, PL VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.08 17:17:11 +0530 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1. That, the Hon'ble Court may be pleased to call for the entire records from the authorities concerned for its kind perusal. 10.2. That, the Hon'ble Court may be pleased to direct the respondent No.6 (Chief Municipal Officer, Municipal Council, Mahasamund, District Mahasamund) to decide the pending application dated 25.02.2025 (Ann P-) filed by the petitioner U/s. 187(A) of the Chhattisgarh Municipality Act, 1961 after affording opportunity of hearing to the petitioner, within stipulated period, in the interest of justice. 10.3. Any other relief, which this Hon’ble High Court deems fit and proper be also awarded.” 2. Learned counsel appearing for petitioner contended that on 25.02.2025, the petitioner has submitted a representation Section 187(5) of the Municipality Act 1961, before the respondent No.6 for compounding of some excess construction area (which is situated within the ownership land of the petitioner bearing khasra 3 No.1653/4 and 1652/4, area 4036 sqft) (Annexure P-1). He further contended that in compliance of the order dated 14.02.2025 (Annexure P-2) passed in WPC No.889/2025, in which the petitioner withdraw the said writ petition with liberty to approach before the Office of the Chief Municipal Council for compounding of some excess construction made by the petitioner. The representation submitted by the petitioner is still pending and not decided yet. 3. Learned State counsel not opposes the submission made by learned counsel for the State. 4. I have heard learned counsel for the respective parties and perused record. 5. Considering the facts of the case and submission made by counsel for the respective respondents. 6. Sub-section 5(a) & 5(b) of Section 187 of the Chhattisgarh Municipalities Act, 1961 provides as under : “(5). Before issuing any orders under sub-section (3), the Council may, within one month from the receipt of such notice, either issue- 4 (a) a provisional order directing that for a period not exceeding one month from the issue thereof the intended work shall not be proceeded with; or (b) may demand further particulars.” 7. Considering the fact the on 25.02.2025, the petitioner has submitted a representation Section 187(5) of the Chhattisgarh Municipality Act 1961 before the respondent No.6 for compounding of some excess construction area (which is situated within the ownership land of the petitioner bearing khasra No.1653/4 and 1652/4, area 4036 sqft) (Annexure P-1), however, after lapse of 4 ½ months, the same is not decided by the competent authority i.e., respondent No.6, therefore, it is directed to respondent No.6 that he shall consider and decide the application filed by the petitioner Annexure P-1, expeditiously preferably within an outer limit of ‘30 days’ from the date of receipt of copy of this order, in accordance with relevant rules, regulations and law. 8. With the aforesaid observations & directions, the writ petition stands disposed of. Certified copy as per rules Sd/- (Arvind Kumar Verma) Judge Vasant