1 2025:CGHC:23031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5440 of 2024 1 - Firoz Khan S/o Shri Pehalwan Khan, Aged About 33 Years R/o Chouhan Green Valley, Junwani, Police Outpost- Smriti Nagar, Police Station- Supela, District- Durg, (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration, Mantralaya, Naya Raipur, District- Raipur (C.G.). 2 - Municipal Corporation, Durg, Through Its Commissioner, Durg, District- Durg, (C.G.). 3 - Collector, Durg, District- Durg (C.G.). 4 - Director, Towm And Country Planning, Behinde Collectorate, Mahavir Nagar, Balak Bhagwan Path, Tehsil And District Durg, (C.G.). 5 - Yogesh Kumar Pandey, Shri Devanand Pandey, Aged About 32 Years House No. 824, Road No. 9, Behind Puri Iti Chandranagar, Ward No. 14, Shanti Nagar, Kohka Bhilai, District- Durg (C.G.). 6 - Ramavatar, S/o Jagannath, R/o Gram Jevra, Tehsil And District Durg (C.G.). 7 - Sarpanch, Gram Panchayat Jevara, Post Jevara Sirsa, District Durg (C.G.) ... Respondent(s) 2 For Petitioner(s) : Mr. Purnendra Khichariya, Advocate For Respondent(s) : Mr. Praveen Das, Dy. A.G. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/06/2025 1. The present petition is heard finally with the consent of the parties. 2. Heard on I.A. No. 02/2025, application for condonation of delay in payment of Process Fee. 3. On due consideration and for the reasons mentioned therein, I am inclined to allow I.A. No. 02/2025 and it is hereby allowed. 4. The present petition has been filed by the petitioner praying for the following relief(s): “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate and suitable writ(s)/order(s)/direction(s) to the respondent authorities for not to carry on the illegal plotting over the village Jevra and also may further direct to change the nature of the land from illegal plotting, in the interest of justice. 10.2 Any other relief(s) that this Hon’ble Court may deem fit to grant in the interest of justice.” 5. Brief facts of the case are that on 20.03.2023 and 06.02.2023 the 3 petitioner has made an application before the respondent no. 2 and 3 and also made a prayer to stop the illegal plotting done at Village Jevra. The petitioner after that further communicated to the respondent no. 3 on 26.08.2023 and stated that the illegal plotting is done in the name of Mahavir Developers wherein they have mentioned the plot as diverted plot but no building permission, NOC granted by the respondent no. 4. Also the reasons have been mentioned at respondent no. 3 application dated 26.08.2023 the Patwari has also mentioned the same reason to the respondent no. 3 on 26.08.2023. The petitioner has filed a revenue case no. 202304100400284/A-89, wherein the petitioner has prayed for stopping of the illegal plotting done on the Khasra No. 496/1, rakba 0.7263 hectare situated at Village Jevra, Patwari Halka No. 13, Tehsil and District Durg and also submitted the relevant document along with the pomplet and advertisement for selling of the land in plots, wherein the case was registered and notice were issued to the respondent no. 6 who is the Sarpanch of the existing village and he is also involved in the business of illegal plotting. 6. Learned counsel for the petitioner contended that the respondents were carrying on the business of illegal plotting and also the provisions mentioned in C.G. Municipal Corporation Act, 2011 and by the Section 13 of Amendment Act, Section 292-A to 292-F wherein the provision make it clear that section 292-A deals with the registration of colonizer or builder. Section 292-B deals with 4 development of colonies. Section 292C and 292D deals with punishment for illegal colonization and punishment for abetment of offence of illegal diversion of land or illegal colonization. 7. Learned counsel for the State respectfully submits that Collector, District-Durg (C.G.) has already taken action against the respondent no. 5,6 and 7 and proceeding is still pending before the Collector. 8. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 9. Perusal of record shows that the petitioner has filed an application before the respondent no. 3/ Collector, District- Durg intimating him about the illegal plotting done by the Mahavir Developers on Khasra No. 496/1, Rakba 0.7263 hectare situated at Village Jevra, Patwari Halka No. 13, Tehsil and District- Durg and further filed a Revenue Case bearing no. 202304100400284/A-89. After registration of the case, the notices were issued to the respondent no. 4 and 6 and an explanation was demanded from them to show cause why an action shall not be taken against them for illegal plotting. 10. Hence, it is crystal clear from the facts of the case and from the contention of the State Counsel that the proceeding has been initiated against the concerned respondents for illegal plotting and the proceedings are still pending before the Collector, District- Durg. 11. Therefore, looking to the fact that there is no locus standi of 5 the petitioner, this Court does not find any good ground to entertain this petition. 12. Accordingly, the present petition is hereby dismissed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima