Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 33771 (CHH)

RAJESH KUMAR SAHU v. STATE OF C.G.

WPC/3514/2025 · 2025-07-07

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2025:CGHC:31221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3514 of 2025 Rajesh Kumar Sahu S/o Late Amarnath Sahu Aged About 58 Years R/o Kailashpuri Chowk Raipur, District- Raipur, C.G. ... Petitioner versus 1 - State of C.G. Through The Secretary Urban Administration and Development Department, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur, C.G. 2 - Municipal Corporation Raipur Through The Commissioner, Raipur, District Raipur, C.G. 3 - Zone Commissioner Zone No. 4, Municipal Corporation Raipur, District- Raipur, C.G. ... Respondents For Petitioner : Mr. Prateek Sharma, Advocate For State : Mr. Anurag Tripathi, PL For Respondents No.2 & 3 : Mr. Pankaj Agrawal, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 08/07/2025 1. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 That, this Hon’ble Court kindly be pleased to direct the respondent no. 2 to decide the compromise ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.09 11:33:54 +0530 2 / 3 application of petitioner and till the decision of Compromise application status quo with regard land and house of petitioner bearing khasra no 2/13, seat no.9, plot no.27 measuring 1640 sq. feet and Kh. No.2/9, seat no.9, plot no.37 measuring 1660 sq feet total 3300 sq. feet, upon which construction is made, situated in patwari halka no. 70, Revenue Circle Raipur 2, Kailashpuri Chowk, Ward No.64, Tehsil & District Raipur C.G., to may kindly be maintained in the interest of justice. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. Learned counsel for the petitioner would submit that the petitioner is the owner of the land bearing Khasra No.2/13, seat No.9, Plot No.27 admeasuring 1640 sq. feet and Khasra No.2/9, seat No.9, Plot No.37 admeasuring 1660 sq. feet upon which the construction has been made for the last 20 years. He would next contend that the petitioner has made the construction on the aforesaid lands without any encroachment, however, a notice was issued to the petitioner on which the petitioner had filed an application for compromise on 24/09/2024 before the respondent authorities along with all the requisite documents and despite the said application being pending, on 04/07/2025 municipal corporation employees came to the house of the petitioner and started demarcation and he was told that the excess construction made by the petitioner would be demolished. Learned counsel for the petitioner would lastly contend that since the application of the petitioner is pending before the authorities and the 3 / 3 same is at final stage, therefore, the respondent authorities may be directed to decide the compromise application of the petitioner. 3. Learned counsel for the Respondents No.2 & 3 would submit that they will decide the application of the petitioner. 4. Learned counsel for the petitioner also stated that the land in question has been sealed, therefore, the respondent authorities may be directed to remove the seal till the application is decided. 5. I have heard learned counsel for the parties and perused the documents. 6. Considering the entire facts & circumstances of the case, since the compromise application of the petitioner is pending, the respondent authorities are directed to decide the compromise application of the petitioner at the earliest and till the application is decided the seal on the land in question shall be removed. 7. With the aforesaid observation, the writ petition stands disposed of. S- SD/- (Arvind Kumar Verma) JUDGE ashu