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2025 DAILYLAW 33434 (CHH)

BEBI FARIDA KHATOON v. STATE OF CHHATTISGARH

WPC/3631/2025 · 2025-07-15

Shri Arvind Kumar Verma

body2025

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1 2025:CGHC:33189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3631 of 2025 1 - Bebi Farida Khatoon Late Shri Jabbar Ali Aged About 49 Years Resident Of Village Chatidih Rapta Chowk Tehsil And District - Bilaspur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Secretary Urban Administration And Development Department Chhattisgarh Ministry Naya Raipur District Raipur C.G. 2 - Collector Bilaspur District Bilaspur C.G. 3 - Commissioner Municipal Corporation Bilaspur Office Municipal Corporation Bilaspur C.G. 4 - Building Officer Municipal Corporation Bilaspur District Bilaspur C.G. ... Respondent(s) For Petitioner : Mr. Abhishek Dahariya, Advocate For State/Respondent no. 1& 2 : Mrs. Akanksha Verma Dabhadker, Panel Lawyer For Respondent no. 3 &4 Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 16.07.2025 1. By way of this petition, the petitioner is seeking for the following reliefs:- “1.यह कि, उत्तरवा दीगण किदीशित किय जा वा कि वा वा दी स्थल में तड़फोड़ र संबंधी! संमेंस्त भू$खण्डों( संबंधी! संमेंस्त अभिभूलख में !य न्य य लय संमेंक्ष प्रस्त.त र। 2.यह कि उत्तरवा दीगण में 02 वा 03 किदीशित किय जा वा कि वा य शि0गण लकिबंत आवादीपत्र परिरशिष्ट प!-01 कियमें .सं र य शि0गण सं.वा ई अवासंर दीत हुय ग.णदीष पर किर रण !घ्र र। 2 3.यह कि, उत्तरवा दीगण किदीशित किय जा वा कि वा य शि0 त:गण कियमें .सं र वा दी में वा भू$संपदी सं किबं किसं! य.क्ति<तय.<त किवाकिहत प्रकि=य प ल किय अवा>धी कि तर! सं बंदीखल र। 4.यह कि, अन्य अ.तष जा में !य न्य य लय उशि0त संमेंझे उत्तरवा दीगण( सं दिदील य जा वा।” 2. Learned counsel for the petitioner submits that the petitioners have been illegally evicted from their residence by the Municipal Administration during this rainy season, and due to which different problem of housing will arise for them. That some people want to carry out this action with malicious intent for personal gain whereas the place marked for road widening has already been demolished by the respondents. He submitys that earlier a petition of similar nature was filed before the Hon'ble Court in the form of W.P. (C) No. 2768/2025, on which the Hon'ble Court passed an order dated 05..06.2025 and issued directions, a copy of which is as Annexure P/02. 3. He submits that the petitioners have separate electricity meters installed in their houses, inspite of that the respondents are trying to evict the petitioners from their residential houses in an illegal manner. That no action is being taken on the various applications submitted by the petitioners, which is against the rules and unjust. Petitioners have complained about the arbitrary action to respondents No. 02 and 03. 4. Learned counsel for respondents submits that the only one room is left for demolition whereas the other parts of the disputed land has already been demolished by respondent no. 3 and 4. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case, this Court finds that the petitioners have accepted the fact that they have encroached the Govt. land and respondent no. 3 and 4 has issued notice on 27th of June, 2025 under Section 322/323 of the Municipal Corporation Act, 1956. Till now no documents have been filed by the petitioner, showing the ownership of the disputed land, which reveals that the disputed land( road and drainage of the land) has been duly encroached by the petitioners. 3 7. Hence looking to the mere fact, that the petitioners till now have been unable to file the documents pertaining to the ownership of the disputed land and the demolition is on a verge to end, this Court finds that the present petition deserves to be and is hereby dismissed. 8. Accordingly, the petition stands dismissed. 9. However, the respondent no. 3 and 4 is directed to consider the matter of the petitioners with regard to rehabilitation policy for the petitioners. Certified copies as per rules. sd/- (Arvind Kumar Verma) alfiza JUDGE