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2025:CGHC:44547
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4630 of 2025 Nazir Khan S/o Yunus Ali Khan Aged About 40 Years R/o Baijnathpara, Raipur, Maulana Abdul Rauf Ward No. 45, District : Raipur, Chhattisgarh
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Petitioner versus 1 - State of Chhattisgarh Through -Its Secretary, Department of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Municipal Corporation, Raipur Through- Its Commissioner, White House, Near Gandh Chowk, Raipur, District : Raipur, Chhattisgarh 3 - Shri Vishwadeep Commissioner, Municipal Corporation, Raipur, District : Raipur, Chhattisgarh 4 - Shri Arun Dhruw Zone Commissioner, Zone- 4, Municipal Corporation, Raipur At- Near Subhash Stadium, Raipur, District : Raipur, Chhattisgarh 5 - Shri Himanshu Chandrakar Sub Engineer, Zone- 4, Municipal Corporation, Raipur At- Near Subhash Stadium, Raipur, District : Raipur, Chhattisgarh 6 - Shri Somnath Gupta, Gupta Readymade Store, Malviya Road, Raipur, District : Raipur, Chhattisgarh 7 - Shri Dinesh Sahu Nayapara, Near Durga Mandir, Swami Vivekanand Sadar Bazar, Ward No. 45, Raipur, District : Raipur, Chhattisgarh 8 - Shri Linesh Mehta (Panchu Mehta) S/o Late Shanti Lal Mehta R/o Purohit Bada, Behind Gokul Chandrama Mandir Gali, Budhapara, Swami Vivekanand Ward No. 45, Raipur, District : Raipur, Chhattisgarh 9 - Shri Neeraj Jain R/o Near City Kotwali Chowk, Swami Vivekanand Sadar Bazar Ward No. 45, Raipur, District : Raipur, Chhattisgarh 10 - Shri Abdul Fahim S/o Shri Haji Abdul Salim, R/o Sadar Bazar, Near Rahmaniya Chowk, Swami Vivekanand Sadar Bazar Ward No. 45, Raipur, District : Raipur, Chhattisgarh 11 - Shri Prince Soni Opposite Sapre School, Swami Vivekanand Sadar Bazar Ward No. 45, Raipur, District : Raipur, Chhattisgarh ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.04 10:54:32 +0530 2 / 4 12 - Shri Pappu Farishta Ravi Nagar, Pandit Ravishankar Shukla Ward No. 35, Raipur, District : Raipur, Chhattisgarh 13 - Shri Arun Nashine Main Road, Kankali Talab, Near Police Station, Brahman Para, Ward No. 43, Raipur, C.G., District : Raipur, Chhattisgarh 14 - Shri Vijay Kumar Ahuja S/o Late Gopaldas Ahuja Near Durga Mandir, Civil Lines Ward No. 46, Raipur, District : Raipur, Chhattisgarh 15 - Smt. Kanchan Bai W/o Shri Mohanlal Parakh Shailendra Nagar Near Garden, Pandit Bhagwaticharan Shukla Ward No. 57 Raipur, District : Raipur, Chhattisgarh 16 - Shri Dilip Singh Chabra S/o Shri Gyansingh Chabra Near Santkanwar Ram School, Bhagwaticharan Shukla Ward No. 57 Raipur, District : Raipur, Chhattisgarh 17 - Shri Manohar Lal Dhamani S/o Shri Manik Lal Dhamani Sadar Bazar, Halwai Line, Swami Vivekanand Ward No. 44 Raipur, District : Raipur, Chhattisgarh 18 - Shri Pravin Gupta S/o Shri Harilal Gupta Madarsa Road, Baijnath
Para, Maulana Abdul Rawuf Ward No. 46, Raipur, District : Raipur, Chhattisgarh 19 - Shri Adil Minhaj S/o Shri Z. Minhajuddin Near Khalsa School, Oxy-Zone, Pandit Ravishankar Shukla Ward No. 35, Raipur, District : Raipur, Chhattisgarh 20 - M/s Sirman Builders Pvt. Ltd. Through Shri Satpal Singh Bhatia, S/o Shri Gulvir Singh Bhatia, Gaurav Path Near Kotak Mahindra Bank Civil Lines Ward No. 47, Raipur, District : Raipur, Chhattisgarh 21 - M/s Kharun Agro Near Gandhi Udyan, Civil Lines Ward No. 47, Raipur, District : Raipur, Chhattisgarh 22 - Shri Prakash Chand Golcha S/o Shri Ranu Lal Golcha Near O.C.M. Chowk, Maulana Abdul Rawuf Ward No. 46, Raipur, District : Raipur, Chhattisgarh 23 - Shri Mohammad Junaid Alam S/o Mohammad Fazal E Kareem Chotapara Near Bristol Chowk, Maulana Abdul Rawuf Ward No. 46, Raipur, District : Raipur, Chhattisgarh 24 - Smt. Sudha Bhattar W/o Shri Ashok Bhattar Near Hanuman Mandir Maulana Abdul Rawuf Ward No. 46, Raipur, District : Raipur, Chhattisgarh 25 - Shri Anil Bhansali Near City Kotwali Baijnath Para Maulana Abdul Rawuf Ward No. 46, Raipur, District : Raipur, Chhattisgarh 26 - M/s Bhattar Pvt. Ltd. Through Its Director Shri Ashok Bhattar, Bairan Bazar, Near Bal Gopal Hospital, Pandit Bhagwati Charn Shukla Ward No. 57 Raipur, District : Raipur, Chhattisgarh ... Respondents
3 / 4 For Petitioner : Mr. Rajesh Kumar Kesharwani, Advocate For State : Mr. R.S. Marhas, Addl. AG For Respondent No.2 to 5 : Mr. R.K. Gupta, Advocate
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 02/09/2025
1. By way of the instant petition, the petitioner is challenging the letter dated 08/08/2025 issued by Respondent No.3 whereby the petitioner has been directed to remove the construction and submit map for its sanction.
2. This is the second round of litigation. Earlier the petitioner has filed a writ petition bearing WPC No.1844 of 2025 challenging the notice dated 04/04/2025 issued by the Zone Commissioner, Zone No.4, Municipal Corporation Raipur whereby the petitioner was directed to vacate the shop within 03 days. The said writ petition was
disposed of by order dated 23/07/2025 with a direction to the respondent authorities to consider the case of the petitioners and to pass appropriate orders regarding regularization of the excess construction within a period of 60 days from the date of production of a copy of this order while giving due opportunity of hearing to the petitioners and till then the shops in question may not be sealed or disturbed.
3.
Learned counsel for the petitioner contended that after passing of the
order by this Court in WPC No.1844 of 2025, the respondent authorities has opened the seal of the shop of the petitioner on 01/08/2025 in the evening but after two hours the respondent
4 / 4 authorities again sent its employee and he again put seal on petitioner’s shop on the same day at 7.51 PM which is evident from the Annexure P/15. He would next contend that pursuant to the
order passed by this Court the petitioners have submitted a representation on 30/07/2025 and requested for regularization of the construction and also requested for removal of the seal, however, the respondent authorities have not complied the order passed by this Court and have not yet decided the representation of the petitioner.
4.
Learned counsel for Respondents No.2 to 5 would submit that they are ready to open the seal put on the shops and shall also decide the representation of the petitioner for regularization.
5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.
6. Considering the entire facts & circumstances of the case, it is
directed that the Respondent No.2 shall open the seal put on the shops and shall decide the application for regularization of the petitioner in accordance with law.
7. With the aforesaid observation, the instant writ petition stands
disposed of. SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu