1 / 3 2025:CGHC:2568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4040 of 2024 1 - Kuldeep Patel S/o Bhagirathi Patel Aged About 34 Years R/o Bajrang Chowk Mandir Hasaud, District- Raipur, Chhattisgarh. 2 - Rameshwar Sen S/o Radhe Shyam Sen Aged About 37 Years R/o Bajrang Chowk Mandir Hasaud, District- Raipur, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, The Dept Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, The Dept Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 3 - The Chief Municipality Officer, Municipality Mandir Hasaud, District Raipur, Chhattisgarh. 4 - The Collector, District- Raipur, Chhattisgarh. 5 - The Tahsildar, Mandir Hasaud, District- Raipur, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) 2 / 3 For Petitioners : Mr. Niraj Baghel, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate For Respondent No.3 : Mr. Rishi Rahul Soni, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 15/01/2025 1. By the present writ petition, the petitioners who are running a Pan Thela and Daily Need shop on a small piece of Government land situated on the road side in Hasaud, District Raipur earning their livlihood, preferred the present writ petition questioning the notice dated 23/07/2024 (Annexure P/1) whereby the petitioner is directed to remove the said shop within 24 hours from the government land. 2. Learned counsel appearing for the petitioners submits that the notice has been issued to the petitioner without any prior intimation, without following due procedure of law and no opportunity of hearing was afforded to the petitioners before issuance of the said notice of removal. 3. Learned counsel appearing for the State as well as learned counsel for the respondent No.3 submit that there is an alternative remedy available for the petitioner. The notice of removal which is under challenge is appealable and can be challenged by filing an appeal under Section 308(1)(c) of the Chhattisgarh Municipalities Act, 1961 (for short, “the Act”). 4. I have heard learned counsel for the parties and perused the documents. 5. In view of the above submissions made by the learned counsel for 3 / 3 the parties, it is directed that the petitioners may approach before the appellate authority by filing an appeal under Section 308(1)(c) of the Act. In the event of filing of such an appeal by the petitioners, it is directed that the Collector/Competent authority shall consider and decide the same within a period of 45 days from the date of filing of such an appeal, till then no coercive steps shall be taken against the petitioners and no removal of the petitioners from the land in question, be made. 6. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar