1 2025:CGHC:45555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4542 of 2025 1 - Sheikh Mohisinuddin S/o Sheikh Nizamuddin, Aged About 35 Years R/o Ward No. 13, Nagar Panchayat Bodla, District Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan Mantralaya, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through The Collector, District Kabirdham, Chhattisgarh 3 - State Of Chhattisgarh Sub-Divisional Officer (Revenue), Bodla, Office Of The Sub-Divisional Officer (R), Bodla, District Kabirdham (C.G.) 4 - Nagar Panchayat, Bodla, Through Its Chief Municipal Officer, Nagar Panchayat Office, Bolda, District Kabirdham (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Khulesh Sahu, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08/09/2025 1. The default as pointed out by the Registry stands ignored. 2. With the consent of the parties the matter is heard finally. 3. The present writ petition has been filed by the petitioner seeking following relief:- 10.1 That this Hon’ble Court may kindly be issued an appropriate writ, order or direction directing the respondents, particularly the Nagar Panchayat Bodla, District Kabirdham, to immediately stop the Digitally signed by JYOTI JHA Date: 2025.09.08 18:50:44 +0530 2 construction of the public toilet over the land bearing Khasra No. 303/9, which is under consideration for allotment to the petitioner under the Rajiv Gandhi Aashray Patta Yojana; 10.2 That this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to process and finalize the allotment of permanent residential lease in favour of the petitioner for the land bearing Khasra No. 303/9, admeasuring 1035 sq.ft., in accordance with the Government of Chhattisgarh’s policy dated 01.10.2019 and subsequent proceedings initiated by the respondents themselves; 10.3 That this Hon’ble Court may kindly be declared the action of the respondents in attempting to construct a public toilet over the land in possession of the petitioner as arbitrary, illegal, and violative of Articles 14 and 21 of the Constitution of India; 10.4 That this Hon’ble Court may kindly be pleased to direct the respondents to consider and decide the pending representation of the petitioner dated 24.02.2025 within a time-bound manner; 10.5 That this Hon’ble Court may kindly be pleased to pass any other order(s) or direction (s) as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience; 4. By way of the present writ petition, the petitioner is challenging the arbitrary and illegal action of the Respondents, whereby they have commenced construction of a public toilet on the land bearing Khasra No. 303/9, admeasuring 1035 sq. ft., which has been under the possession of the Petitioner and is proposed to be allotted to him under the Rajiv Gandhi Aashray Patta Yojana. 5. Learned counsel for the petitioner submits that the Petitioner has been in peaceful possession of land bearing Khasra No. 303/9, measuring approximately 1035 square feet, situated in Ward No. 13, Nagar Panchayat Bodla, District Kabirdham, for more than 40 years. This land was declared part of a slum area by the Nagar Panchayat, and 3 proceedings were initiated under the Rajiv Gandhi Aashray Patta Yojana for issuance of permanent lease to the Petitioner. Pursuant to the policy dated 01.10.2019 issued by the Department of Urban Administration and Development, Government of Chhattisgarh, the Petitioner deposited ₹5,000 toward development charges as part of the lease allotment process, and no objections were received against the public notice inviting claims. However, despite all formalities being fulfilled, the Respondents have arbitrarily commenced construction of a public toilet over the same land, thereby obstructing and jeopardizing the Petitioner's rightful claim to lease. The said action is manifestly arbitrary, discriminatory, and contrary to the principles of natural justice and legitimate expectation. The Respondents' decision to construct the public toilet on the Petitioner's proposed lease land, despite availability of other vacant land, appears to be deliberate and targeted. Moreover, the Petitioner's representation dated 24.04.2025 requesting redressal and protection of rights remains undecided. The continued construction threatens irreparable harm and deprives the Petitioner of basic constitutional protections under Articles 14 and 21 of the Constitution of India. Therefore he prays for a direction to decide the application/representation dated 24.04.2025 (Annexure P/6) 6. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending representation dated 24.04.2025, he is having no objection to the limited prayer and pending representation dated 24.04.2025 will be considered in accordance with law. 4 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent No. 4 to consider/decide the representation of the petitioner (Annexure P-6) dated 24.04.2025 in accordance with law/rules/regulations as expeditiously as possible. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10. With the aforesaid direction, the writ petition is disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti