1 2025:CGHC:40742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4320 of 2025 1 - Vinod Kumar Yadav S/o Late Kapildev Yadav Aged About 54 Years R/o Shastri Nagar Duggal Colony, Camp-1, Bhilai, Tehsil And District- Durg C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar Nava Raipur C.G. 2 - Commissioner Municipal Corporation Bhilai, Tehsil-Bhilai, District Durg C.G. 3 - Zone Commissioner, Zone No. 1, Municipal Corporation Bhilai, Tehsil- Bhilai, District Durg C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. R.K. Gomasta, Advocate For Respondent : Mr. Anurag Tripathi, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 13/08/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1 This Hon’ble Court may kindly be pleased to call for the entire records pertaining to the petitioner’s case. 10.2 That, the Hon’ble Court may kindly be pleased to quash the impugned notice dated 25.07.2025 issued by the respondent No. 3 Digitally signed by JYOTI JHA Date: 2025.08.14 11:03:26 +0530 2 Zone Commissioner Municipal Corporation Bhilai, District Durg (C.G.) in the interest of justice. 10.3 Any other relief, which the Hon’ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioners. 2. Learned counsel for the petitioner submits that the petitioner is challenging the notice dated 25.07.2025 issued by respondent No. 3 Commissioner Municipal Corporation Bhilai, District Durg whereby the petitioner is directed to remove possession within three days over the land otherwise action would be taken as per the provision of Municipal Corporation Act 1956. 3. Learned counsel for the petitioner submits that the lease agreement was executed on 30/11/2000 between the petitioner and under respondent Municipal Corporation Bhilai for grant of lease over the land area about 2139 sqft situated at contractor colony supela Bhilai for 30 years for the residence which effective from April 1916 to 31 March 2026. Since then petitioner has built the house over the land and regularly paying rent, premium to the corporation as per the terms imposed by the corporation from time to time. The petitioner is living with family in the house built over the land peacefully by taking due permission from the respondent corporation for construction of house and electricity 3 connection as per the law and the property tax and other dues are paying by the petitioner to the corporation. The adjacent to the house, a piece of open land area about 495 sqft is left by the petitioner for the use of nistar wherein septic tank is made by the petitioner. The petitioner is also paying the dues to the corporation for last many years. The neighbor of the petitioner Namely Tushar Sadhwani wanted to encroach over the land illegally on the open land of the petitioner; therefore he has made false complaint to the respondent corporation against the petitioner about the construction on the land by illegal possession, so that the respondent corporation has issued letter to the petitioner on 26/06/2025 to file the necessary documents to the office within 3 days. The petitioner is filed the reply to the respondent corporation on 30/06/2025 stating that no construction was made on the nistari land of the petitioner and also beyond the limit of the public road. The complainant Tushar Sadhwani himself having no any lease of the land over the land on which is residing, therefore he has made false complaint to the corporation with the intention to encroached upon the land of the petitioner. The petitioner has also replied on 31/07/2025 to the impugned notice dated 25/07/2025 issued by the respondent no. 3. The respondent authority is not considering the reply and the document filed by the petitioner and deliberately and malafidely issuing the notice to the petitioner 4 with the collusion with a private persion namely Thusar Sadhwani and also to give undue advantage to the Thusar Sadhwani which is quite an illegal act committed by the respondent authorities. The petitioner having the legal document of lease of land for 30 years and petitioner also paying property tax of the land area about 2415 sqft to the corporation, which is in addition to the total built-up area, so that the charges on the open land is also being levied by the corporation, in this situation the notice issued by the respondent corporation to the petitioner is quite illegal and unjustified. The petitioner and his family is using the land for last many years peacefully and no intervention was made by the respondent corporation but all of a sudden with the influence and false complaint made by the Tushar Sadhwari, the respondent corporation is malafiedly and illegally issued the notices to harass the petitioner. Hence this petition. 4. Learned State Counsel opposed the submission made by the learned counsel for the petitioners. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, instead of keeping this petition pending, this Court finds it appropriate to dispose the petition at this stage directing the petitioner to file a fresh representation along with all relevant documents 5 before the Municipal Corporation within 15 days and in turn the respondent No. 3 shall decide the representation of the petitioner in accordance with law/rules and regulations within a period of 30 days from the date of filing of representation by the petitioner. Till the representation of the petitioner is decided, no coercive steps shall been taken against the petitioner by the respondents. 7. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti