1 / 3 2025:CGHC:45266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4779 of 2025 Shirish Kumar Pandey S/o Suraj Prasad Pandey Aged About 64 Years R/o 1, Nirala Nagar, Opposite Raja Hotel, Near Old Bus Stand, Bilaspur, District- Bilaspur ( C.G. ). ... Petitioner versus 1 - State of Chhattisgarh Through- Secretary, Ministry of Urban Administration and Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur ( C.G. ). 2 - Collector Bilaspur, District- Bilaspur ( C.G. ). 3 - Commissioner Nagar Palik Nigam, Vikas Bhawan, Nehru Chowk, Bilaspur, District- Bilaspur ( C.G. ). 4 - Building Officer Nagar Palik Nigam Vikas Bhawan, Nehru Chowk, Bilaspur, District- Bilaspur ( C.G. ). ... Respondents For Petitioner : Mr. Rajeev Kumar Dubey, Advocate For State : Mr. Rishabh Bisen, PL For Respondents No.3 & 4 : Mr. Samrath Singh Marhas, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/09/2025 1. By way of the instant petition, the petitioner has prayed for the following reliefs:- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.08 18:11:07 +0530 2 / 3 10.1 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of certiorari or any other appropriate writ, order, or direction quashing the impugned notice dated 29.08.2025 issued by respondent No.4 under Section 307(2) of the Madhya Pradesh Municipal Corporation Act, 1956, as illegal, arbitrary, and violative of fundamental rights. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus or any other appropriate writ, order, or direction commanding the respondents to consider the petitioner’s reply dated 01.09.2025 and prior submissions, and if any minor violation exists, allow regularization upon payment of appropriate fine/penalty as per rules, without resorting to demolition. 10.3 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of prohibition or any other appropriate writ, order, or direction restraining the respondents, their agents, or subordinates from taking any coercive action, including demolition or sealing of the petitioner’s property at Telephone Exchange Road, near Hotel Raja, Bilaspur, pursuant to the impugned notice or otherwise, until the matter is finally adjudicated. 10.4 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case. 2. The instant petition has been filed challenging the impugned notice dated 29/08/2025 issued by Respondent No.4 under Section 307 (2) of the C.G. Municipal Corporation Act, 1956 alleging unauthorized construction at his property on Telephone Exchange Road, Bilspur, C.G. 3. At this juncture, learned counsel for the petitioner would confine his prayer to the extent that the petitioner may be permitted to move application for regularization before the concerned respondent and 3 / 3 the respondent authorities may be directed to decide the same within a time frame and some protective order may be passed in favour of the petitioner. 4. Learned counsel for Respondents No.3 & 4 submit that they are ready to decide the application 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 limited prayer made by learned counsel for the petitioner and also considering the entire facts & circumstances of the case, instead of keeping this petition pending, it is disposed of with a direction to the petitioner to file an application for regularization before the Commissioner, Municipal Corporation, Bilaspur, C.G. within a period of 15 days from the date of receipt of copy of this order and on such application being filed, the concerned authority shall decide the application of the petitioner in an objective manner expeditiously as soon as possible preferably within a period of 90 days from the date of receipt of the application. 7. Till the application of the petitioner is decided, no coercive action shall be taken against the petitioner. SD/- (Arvind Kumar Verma) JUDGE ashu