1 2025:CGHC:45603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4760 of 2025 Anil Bajpai S/o Late Shri Vasudev Prasad Bajpai, Aged About 66 Years R/o Near Sbi City Branch, Gondpara, Bilaspur (C.G.) Proprietor Shop No. 10, Old Bus Stand Complex, Bilaspur (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary Department Of Urban Administration Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur (C.G.) 2 - The Collector, Bilaspur, District Bilaspur (C.G.) 3 - The Municipal Corporation Of Bilaspur, Through The Municipal Commissioner, District Bilaspur (C.G.) 4 - In-Charge Officer, Market Branch, Municipal Corporation Of Bilaspur, District Bilaspur (C.G.) ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Harshmander Rastogi, Advocate. For the State : Mr. Soumitra Kesharwani, PL For the Municipal Corporation : Mr. AS Kachchwaha, Advocate. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 08.09.2025 1. With the consent of the parties, matter is heard finally. 2 2. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to writ/writs, order/orders, quashing the notice dated 04/04/2025 (Annexure P/1) issued by the Respondent No. 04. 10.2 In alternative, this Hon'ble Court may kindly be to to the pleased issue direction/directions respondent authorities to grant lease rights for the said shop or to provide alternative space to the petitioner to operate his business. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. The petitioner has filed this writ petition challenging the impugned notice dated 04/04/2025 issued by respondent No.4, whereby tenancy of the petitioner’s shop No.10 situated near the old bus stand, Bilaspur, (CG) has been terminated and directed him to pay all the pending dues alongwith rent within a period of ‘one week’. It is also directed that possession of said shop may be handed over to the respondent/Municipal Corporation. 4. Learned counsel for the petitioner contended that impugned notice dated 04/04/2025 issued by the respondent/Municipal Corporation, Bilaspur ending the tenancy of the petitioner’s shop is one-sided and without mentioning any reason and any show cause notice, therefore, it is violation of the fundamental rights of the petitioner 3 and would also cause huge loss to the employment and livelihood of the petitioner. Hence, impugned notice be set-aside. 5. Learned counsel for the respondent/Municipal Corporation also admitted that fact that in the impugned notice, there is no any reasons mentioned as to why the tenancy of the petitioner’s shop has been terminated. He further contended that this writ petition may be disposed of with a direction to the concerned respondent- Authority to issue fresh notice to the petitioner assigning the reasons of termination of tenancy of petitioner’s shop and after giving proper opportunity of hearing may pass the appropriate order in accordance with relevant rules/law/regulation. 6. Heard learned counsel for the parties and perused the impugned notice. 7. Relevant portion of impugned notice extracted herein below: “ विषय :- पुराना बस स्टै ण्ड स्थित दुकाना ना. 10 का रिराक्त कारा अधिपुत्य नागरा निनागम का सपुना बबत । उपुराक्त नि#षयतग%त लेख है निका नागरा पुलिलेका निनागम निबलेसपुरा द्वारा आपुका पुराना बस स्टै ण्ड स्थित दुकाना ना. 10 का व्य#सय काराना हैत निकाराय पुरा दि.य गय है . जि0सका1 निकाराय.रा2 समप्त का1 0त2 है । अत4 उक्त दुकाना का समस्त बकाय निकाराय एका सप्तहै का भी2तरा नागरा निनागम काय%लेय म7 0म कारा, दुकाना का अधिपुत्य नागरा निनागम निबलेसपुरा का सपुना सनिनाश्चि9त कारा7।" 8. Perusal of impugned notice reveals that without assigning any reasons or issuing any show-cause-notice to the petitioner, 4 respondent No.4 has issued the impugned notice for termination of tenancy of the petitioner’s shop, which is unsustainable in the eyes of law, therefore, impugned notice deserves to be set-aside. 9. Accordingly, writ petition is allowed. Impugned notice dated 04.04.2025 (Annexure P-1) is hereby set-aside. However, respondent Nos.3 & 4 will be at liberty to issue fresh notice to the petitioner assigning all the reasons and after giving proper opportunity of hearing to the petitioner may pass the appropriate order in accordance with relevant rules/law/regulation. 10. It is made clear that this Court has not expressed any opinion on merits of the case. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-