1 / 3 2025:CGHC:31903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3543 of 2025 Bharat Lal Dewangan S/o Late Shri Bahoran Prasad Dewangan Aged About 57 Years R/o Bus Stand Nagar Panchayat Bilaigarh District Sarangarh Bilaigarh (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Nagri Prashasan Avam Vikas Vibhag Mahanadi Bhawan Mantralaya Atal Nagar Raipur District Raipur (C.G.) 2 - The Director Nagri Prashasan Avam Vikas Vibhag Indravati Bhawan Atal Nagar Naya Raipur District Raipur (C.G.) 3 - The Chief Municipal Officer Nagar Panchayat Bilaigarh District Sarangarh Bilaigarh (C.G.) ... Respondents For Petitioner : Mr. A.S. Rajput, Advocate For State : Ms. Poorva Tiwari, PL For Respondent No.3: Mr. Keshav Prasad Gupta, Advocate on behalf of Mr. Shaleen Singh Baghel, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.11 18:10:27 +0530 2 / 3 1. By way of the instant petition the petitioner is challenging the order/notice dated 02/07/2025 passed by the Respondent No.3 whereby the petitioner has been directed to remove the illegal enroachment/unauthorized construction in the land bearing Khasra No.718/2. 2. Learned counsel for the petitioner contended that the petitioner has constructed a medical store over the 450 sq. feet land in Khasra No.718/1 in the year 1994 when the Bilaigarh was village Panchayat thereafter in the year 2008 till date the petitioner is continuously in peaceful possession of the above shop and running medical store, the petitioner continuously paying the property tax & water tax, however, by the impugned order dated 02/07/2025 the Respondent No.3 has directed the petitioner to remove the above construction, which is in violation of C.G. Municipalities Act, 1961. 3. Learned counsel for Respondent No.3 contended that it is an admitted fact that the petitioner is an encroacher on government land bearing Khasra No.718/2. He would further contend that Respondent No.3 has issued notice for removal of illegal construction/encroachment and unauthorized illegal construction over the government land bearing Khasra No.718/2, which has been reserved for the purpose of construction of bus-stand. He would further contend that the impugned notice is not a demolition notice and in para 3 of the notice the Respondent No.3 has directed the petitioner to raise his grievance/clarification before the office of the 3 / 3 Respondent No.3 and also directed that on filing of clarification, Respondent No.3 may consider the same in accordance with law. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. Considering the entire facts & circumstances of the case, the instant writ petition is disposed of with a direction to the petitioner to participate in proceedings initiated by Respondent No.3 by filing the clarification within a period of 15 days from the date of receipt of the copy of this order and on such clarification being filed the concerned Respondent authority shall decide the same within a further of 60 days from the date of receipt of the clarification. Considering the rainy season, till the clarification of the petitioner is decided, no coercive steps shall be taken against the petitioner. SD/- (Arvind Kumar Verma) JUDGE ashu