1 2025:CGHC:17163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3633 of 2022 1 - Smt. Deepa Ramteke W/o Love Kumar Ramteke Aged About 43 Years R/o Princess Platinum, New Khandelwal Colony, Mamta Nagar, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Additional Chief Secretary, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh. 2 - The Collector District Rajnandgaon, Chhattisgarh. 3 - The Commissioner Municipal Corporation Rajnandgaon, District Rajnandgaon, Chhattisgarh. 4 - Smt. Saranjeet Kaur Bhatia, Colonizer W/o Balvinder Singh Bhatia R/o Near To Mansukhlal Petrol Pump Prices Palace, Timber Markket Road, Kailas Nagar, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Love Kumar Ramteke, Advocate For State :- Mrs. Upasana Mehta, Dy. Govt. Advocate For Respondent No.3 :- Mr. Sandeep Dubey, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.04.2025 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.16 10:44:20 +0530 2 1. The petitioner has filed the petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, this Hon'ble Court may kindly issue an appropriate writ in the Through the respondent no. 2 to 3, the petitioner are being harassed. 10.3 That, the Hon'ble Court may kindly direct the respondent no. 2 and 3 to take action against the respondent no. 4. 10.4 That, may this Hon'ble Court kindly issue an appropriate writ to deal with respondent No. 4, thereby disclosing the names of some other persons who are collaborating in contravention of law. 10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice. ” 2. Brief facts of the case are that the building has been constructed in the name of the petitioner and his mother in law by taking a plot number 11 and 12 in the colony of respondent number 4. The petitioner had to purchase the house constructed over the plot no. 11 & 12 in the project of the respondents named & styled as "Princess Platinum" situated at ward no. 19, gram Bajrangpur Nawagaon, near to New Khandelwal Colony, Rajnandgaon (C.G.). After receiving full consideration amount of Rs.10,34,000/- (Rupees ten lakh thirty four thousand) by respondent no.4, the 3 registration of sale deed was also executed in favor of the petitioner's wife and mother through sale deed dated 01/09/2017. The registration certificate dated 15/07/2016 was issued by the respondent number 3 for the construction of the colony of respondent number 4. While taking the registration certificate of the colony by the respondent number 4, the mortgage letter was given to the respondent number 3 under oath. The Colony Development Work Completion Certificate dated 05/11/2019 was issued by the Respondent No. 3 to the Respondent No. 4. The petitioner and petitioner’s husband filed a complaint of Violation of oath against the Respondent No. 4 to Respondents No. 2 and 3, however, no action has been taken on the part of respondents number 2 & 3. Hence this petition. 3. Learned counsel for the respondent No. 3 raised an objection that this petition is not maintainable before this Court. The petitioner may approach the concerned authorities i.e. Real Estate Regulatory Authority (RERA) because as per Section 62 of the Real Estate (Regulation and Development) Act, 2016, if any order passed by the RERA has not been complied, then the petitioner has to approach before the RERA itself for its compliance. 4. Upon this, learned counsel for the petitioner submits that he is not against or with the order passed by the RERA whereas he is against the action of the respondent No. 3 by which the Nagar Nigam Rajnandgaon has given permission to the respondent No. 4 to sell the land whereas without complete development of the 4 colony, the respondent No. 4 is not entitled to sell the land. The respondent No. 3 has not taken any action against the coloniser respondent No. 4 and has granted permission to him to sell the land, which is not in accordance with law. 5. At this stage, learned counsel fo the respondent No. 3 submits that if the petitioner files an appropriate application along with the relevant documents, the respondent No. 3 will consider the same and will pass appropriate order in accordance with law and if any anomaly has been done by the respondent No. 3, the same shall be rectified by the respondent No. 3 by passing a reasoned order. 6. At this stage, learned counsel for the petitioner submits that earlier when the application was filed, a notice was issued to the respondent No. 4, however, thereafter nothing has been done by the respondent No. 3 and no action has been taken. 7. I have heard learned counsel for the parties and perused the material evidence available on record. 8. Considering the facts and circumstances of the case and submissions made by the parties, it is expected that the respondent No. 3 The Commissioner Municipal Corporation Rajnandgaon shall take action against the respondent No. 4 coloniser in accordance with law. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and it is upon the respondent No. 3 The Commissioner Municipal Corporation Rajnandgaon to take action against the respondent No. 4 and to pass appropriate order. The 5 said exercise be done within a period of 30 days from the date of copy of this order. 10. With the aforesaid direction/observation, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha