1 2025:CGHC:46098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4613 of 2025 1 - Pradeep Jaiswal S/o Late Bholashanker Jaiswal Aged About 45 Years President Sanskardhani Thok Sabji Vikreta Sangh Add,- Shop No. 13, Mandi Premises, Basantpur Rajnandgaon, Tahsil And District - Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - Chhattisgarh State Krishi Vipdan Mandi Board Raipur (C.G.) 2 - The Collector Rajnandgaon (C.G.) 3 - Krishi Upaj Mandi Samiti Rajnandgaon Through Officer In Charge Basantpur Rajnandgaon Tahsil And District - Rajnandgaon (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rakesh Kumar Thakur, Advocate For Respondent No. 1 & 3 : Mr. Y.S. Thakur, Advocate For Respondent No. 2-State : Ms. Akanksha Verma, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/09/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- 10.1 That this Hon’ble Court may kindly be pleased to call for the entire records in respect of the present case. 10.2 That this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders to the respondents to stop the construction and demolish the construction raised in Digitally signed by JYOTI JHA Date: 2025.09.11 11:16:39 +0530 2 the parking area. 10.3That 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; 3. Learned counsel for the petitioner submits that the grievance of the petitioner is that the respondent No. 3 has started constructing illegal shops in the market despite being fully aware that the same area has been allotted for parking of vehicle in the market for loading and unloading, while the respondent No. 3 have started raising illegal construction of shops in the said area of parking. The petitioner have made complaint before the respondent No. 3 stating that the said construction has started against the layout and requested to stay the construction but no action was taken. 4. Learned counsel for respondents No. 1 & 3 submits that with regard to the grievance of the petitioner, there is a statutory remedy available to the petitioner under Section 302 of the Chhattisgarh Municipal Corporation Act 1956. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Section 302 of the Chhattisgarh Municipal Corporation Act 1956 provides as under:- 02. Power of Commissioner to stop progress of building work unlawfully commenced or carried on- (1) In any case in which the erection commenced is being carried on unlawfully as mentioned in Section 307, the Commissioner may by written notice require the building operations to be discontinued from the date of service of such notice. 3 (2) Any person failing to comply with the terms of such notice shall be punishable with a fine which may extend to five thousand rupees and if he fails to comply with the terms of such notice after the first day of his failure so to do, with a further fine which may extend to two hundred rupees for every such day after the first. 7. Section 307 of the Municipal Corporation Act deals with Power to require, removal or alteration of work not in conformity with byelaws or any scheme or any other requirement. 8. The grievance of the petitioner is that the respondent No. 1 has started construction of shop for respondent No. 3 in the area which has been allotted for parking of vehicle in the market. 9. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is available to the petitioner under Section 302 of the Municipal Corporation Act, therefore I am not inclined to entertain the present writ petition. The petitioner is at liberty to file objection before the concerned Commissioner Rajnandgaon within a period of 10 days if he so advised and in turn, the concerned Commissioner shall decide his objection as expeditiously as possible 10. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti