NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 136 of 2019 1 - Rajesh Bhai Parmar Alias Lakesh Parmar S/o Shri Kushal Bhai Parmar Aged About 42 Years R/o Sinha Chaal, Fafadih, Rajiv Gandhi Ward No. 22, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh National Road Development Department, Mahanadi Bhawan Atal Nagar, New Mantralaya, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Road Development Corporation Limited Civil Line Near P. W. D. Campus, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Commissioner Municipal Corporation Raipur, Zone No. 2, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 138 of 2019 1 - Vinod Rao Bhosale S/o Late Shri N.R. Bhosale Aged About 70 Years R/o Sinha Chaal, Fafadih, Rajiv Gandhi Ward No. 22, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh National Road Development Department, Mahanadi Bhawan, Atal Nagar, New Mantrlaya, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Road Development Corporation Limited Civil Line, Near P.W.D. Campus, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh REKHA SINGH Digitally signed by REKHA SINGH -2- 3 - The Commissioner Municipal Corporation, Raipur, Zone No. 2, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 139 of 2019 1 - Yogendra Kumar Kadam S/o Late Shri Rammurti Kadam Aged About 72 Years R/o Sinha Chaal, Fafadih, Rajiv Gandhi Ward No. 22, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh National Road Development Department, Mahanadi Bhawan, Atal Nagar, New Mantralay, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Road Development Corporation Limited, Civil Line, P.W.D. Campus, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Commissioner Municipal Corporation Raipur, Zone No. 2, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPC No. 142 of 2019 1 - Jitendra Uboweja S/o Guru Bachan Lal Uboweja Aged About 52 Years R/o Sinha Chaal, Fafadih, Rajiv Gandhi Ward No. 22, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh National Road Development Department, Mahanadi Bhawan, Atal Nagar, New Mantralay, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Road Development Corporation Limited Civil Line, P.W. D. Campus, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Commissioner Municipal Corporation, Raipur, Zone No. 2, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners : Mr. Vivek Kumar Tripathi, Advocate For State : Mr. Pramod Shrivastava, Dy. G.A. For respondent/Municipal : Mr. H.B. Agrawal, Senior Advocate along with Corporation Ms. Swati Agrawal, Advocate For respondent/RDC : Mr. Kashish Saluja, Advocate holding the brief of Mr. Prateek Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 08.07.2025 1. The petitioners have challenged the show cause notices issued by respondent No.3/Municipal Corporation dated 08/10.01.2019 and 12.01.2019, whereby the petitioners have been directed to remove the encroachment for the widening of the road. 2. Learned counsel appearing for the petitioners would submit that the petitioners have raised the construction of their houses over the subject property and are residing there along with their family. He would further submit that though it is stated in the notice that a demarcation was conducted and the subject lands belong to the Railway department but the demarcation, if any, was conducted behind their back without affording any opportunity of hearing and they were not noticed. He would contend that the petitioners are the recorded owners of the subject property, therefore, the show cause notices issued by respondent No.3/Municipal Corporation dated 08/10.01.2019 and 12.01.2019 are erroneous, bad in law and are liable to be quashed. 3. On the other hand, the learned Advocates appearing for the -4- respondents would oppose the submissions made by Mr. Tripathi. They would submit that in the demarcation, it was found that the subject lands in possession of the petitioners belong to the railway department. They would further submit that for the widening of the road, notices were issued to the petitioners for the removal of encroachment. They would admit that the petitioners have raised the construction of their houses over the encroached land. They would also submit that despite the service of notices, they failed to participate in the demarcation. 4. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 5. The return filed by the State would reveal that no notice was served upon the petitioners at the time of the demarcation and it was conducted behind their back. In the Panchnama prepared by the revenue authorities, the signatures of the petitioners are not available. Thus, it can safely be held that the demarcation was conducted in contravention of the Rules made under Section 129 of the Chhattisgarh Land Revenue Code. Respondent No.3 has not issued notices to the petitioners at the time of the demarcation, thus it was conducted contrary to the law, therefore, notices dated 08/10.01.2019 and 12.01.2019 are not sustainable in the eyes of the law and are accordingly quashed. 6. The respondent authorities would be at liberty to demarcate the land afresh strictly in accordance with the provisions of Section 129 of the Chhattisgarh Land Revenue Code and rules made thereunder in the presence of the petitioners. If it is found that the petitioners have encroached over the Government land or the lands belonging to the railway department, the respondent authorities would be at liberty to take appropriate action in accordance with the law. 7. With the aforesaid observation(s)/direction(s), these petitions are disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Rekha