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2025 DAILYLAW 3836 (CHH)

Balchandra Sahajwani (Dead ) Through Lrs., v. State Of Chhattisgarh And Ors.

WPC/1859/2014 · 2025-02-19

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:8641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1859 of 2014 1 - Balchandra Sahajwani (Dead ) Through Lrs., As Per Court Order Dt. 03- 07-2019., Chhattisgarh 1.1 - (A) Smt. Parwati Sahajwani Wd/o Balchandra Sahajwani, Aged About 56 Years R/o Ward No. 14 Chakarbhatha Camp, Bodri, Tahsil Bilha, Police Station Chakarbhatha District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 1.2 - (B) Bherumal Sahajwani S/o Balchandra Sahajwani Aged About 32 Years R/o Ward No. 14 Chakarbhatha Camp, Bodri, Tahsil Bilha, Police Station Chakarbhatha District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 1.3 - (C) Narendra Kumar Sahajwani S/o Balchandra Sahajwani, Aged About 28 Years R/o Ward No. 14 Chakarbhatha Camp, Bodri, Tahsil Bilha, Police Station Chakarbhatha District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh And Ors. S/o Through The Collector, Bilaspur, Distt Bilaspur, Cg, Chhattisgarh 2 - Sub Divisional Officer R Bilha, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh 3 - Tahsildar Bilha, Distt Bilaspur, Cg, District : Bilaspur, Chhattisgarh 4 - Nagar Panchayat, Bodri Through Its The Chief Municipal Officer, Nagar Panchayat, Bodri, Tah Bilha, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh ... Respondent(s) 2 For Petitioners : Mr. Rahul Pathak, Advocate on behalf of Mr. Awadh Tripathi, Advocate For State/ Respondents No. 1 to 3 : Mr. Vinay Pandey, Dy. A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 19/02/2025 Heard on admission. 1) Learned counsel for the petitioner submits that lease was granted in favor of petitioner, namely, Balchand Sahajwani (now dead) pertaining to land situated at Chakarbhata Camp, Bodri, Nagar Panchayat, Bodri ad-measuring 32x9= 288 sq. ft. He further submits pursuant to lease- deed dated 23.09.2013, petitioner raised construction of three-story building on the leased property. He contends that without affording opportunity of hearing to the petitioner, part of building was demolished though lease was valid till year 2031. He argues that Nagar Panchayat, Bodri has offered an alternative shop but is not coming forward for registration. He further argues that petitioner is also entitled to get compensation against illegal demolition. 2) On the other hand, learned State counsel submits that legal representatives of petitioner/ original lease holder have been offered a shop in Nagar Panchayat, Bodri on 18.08.2023. He contends that with regard to compensation, petitioner may prefer a civil suit before the competent Court. 3) Heard. 4) Taking into consideration the fact that a shop has been offered to petitioners in Nagar Panchayat, Bodri, in the opinion of this Court, grievance of petitioner is redressed. With regard to compensation, 3 petitioner would be at liberty to take recourse to law. 5) Nagar Panchayat, Bodri is directed to take suitable steps for registration of offered shop in favor of petitioners expeditiously, preferably, within period of 60 days from the date of receipt of copy of this order. 6) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya