1 / 4 2025:CGHC:40727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4105 of 2025 Akarshit Banarjee S/o Vibhash Banarjee Aged About 21 Years R/o Maharana Pratap Ward No. 47, Jagdalpur, District Bastar, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Urban Administration And Development Department, Raipur, District - Raipur C.G. 2 - Commissioner Municipal Corporation Jagdalpur, District Bastar C.G. 3 - Building Officer/Executive Engineer, Municipal Corporation Jagdalpur, District Bastar C.G. ... Respondents For Petitioner : Mr. Siddharth Dubey, Advocate For State : Ms. Akanksha Verma Dabhadker, PL For Respondents No.2 & 3 : Ms. Shruti Pramar, Advocate on behalf of Mr. A.S. Kachchwaha, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/08/2025 1. With the consent of learned counsel for the respective parties, the matter is heard finally. 2. By way of the instant petition, the petitioner is praying for the following reliefs:- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.13 16:52:45 +0530 2 / 4 1. This Hon’ble Court may graciously be pleased to Quash and set aside the impugned notice dated 09.07.2025, issued under Sections 322 and 323 of the Chhattisgarh Municipal Corporation Act by the respondent authorities, whereby the petitioner has been directed to vacate his premises situated at Maharana Pratap Ward No.47, Jagdalpur, District Bastar, Chhattisgarh; 2. This Hon’ble Court may graciously be pleased to Declare the said notice and action of the respondents as arbitrary, illegal, and violative of the principles of natural justice, and further hold the same to be in violation of Articles 14 and 21 of the Constitution of India; 3. This Hon’ble Court may graciously be pleased to Direct the respondents to grant Compensation to the petitioner for illegal demolition; 4. This Hon’ble Court may graciously be pleased to Pass any other order or grant any other relief deemed just and proper in the interest of justice; 3. By way of the instant petition, the petitioner is challenging the legality, validity and propriety of the notice dated 09/07/2025 issued by the respondent Municipal Corporation, Jagdalpur under Sections 322 and 323 of the Chhattisgarh Municipal Corporation Act, 1956 whereby the petitioner has been directed to vacate his premises within three days and further challenge is made to the demolition carried out on 25/07/2025 by the respondent authorities on the ground that no notice was issued to the petitioner before carrying out the demolition. 4. The brief facts of the case are that the petitioner’s father is the lawful owner and is in peaceful possession of the land in question which is a residential property situated at Maharana Pratap Ward No.47, Jagdalpur, District Bastar, C.G. which is evident from the revenue records. It is the case of the petitioner that the petitioner has been 3 / 4 regularly paying the property tax in respect of the said premises and the same has been duly accepted by the Municipal Corporation and despite the same the petitioner was served with a notice dated 09/07/2025. 5. Learned counsel for the petitioner would contend that petitioner’s father is the lawful owner and is in peaceful possession of the subject land which is evident from the revenue records. He would next contend that by way of the impugned notice only three days time has been given to vacate the premises which is neither reasonable nor proper and the demolition has also been carried out without any prior notice on 25/07/2025. 6. Learned counsel for the respondents submit that the instant petition may be disposed of with a direction to the Respondents No.2 & 3 to give proper opportunity of hearing to the petitioner. 7. I have heard learned counsel for the respective parties at length and perused the documents with utmost circumspection. 8. Considering the entire facts and circumstances of the case, the petitioner is directed to file a detailed representation along with all the relevant documents regarding ownership and approved map of the construction before the Respondents No.2 & 3 within a period of 07 days from the date of receipt of copy of this order and thereafter Respondents No.2 & 3 in turn shall decide the representation of the petitioner expeditiously as early as possible, after giving opportunity 4 / 4 of hearing to the petitioner, in accordance with law. Till the representation of the petitioner is decided no coercive steps shall be taken against the petitioner. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall be at liberty to decide the representation of the petitioner on its own merits. 10. With the aforesaid observation, the instant writ petition stands disposed of. Certified copy today. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu