1 2025:CGHC:45264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4780 of 2025 Dhiraj Pandey S/o Anil Kumar Pandey Aged About 42 Years R/o Katiya Para, P.S. City Kotwali Bilaspur, Tahsil And District Bilaspur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Dept. Of Urban Administration, Mantralalya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, C.G. 2 - Collector District Bilaspur, Tahsil And District Bilaspur, C.G. 3 - Appeal Committee Bilaspur Municipal Corporation, Bilaspur, C.G. 4 - Commissioner Bilaspur Municipal Corporation, Bilaspur, C.G. 5 - Physical Culture Society Raja Raghuraj Singh Stadium, Link Road, Bilaspur, C.G. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Saleem Kazi, Advocate. For the State : Ms. Upasana Mehta, Dy. GA. For the Municipal Corporation : Mr. SS Baghel, Advocate. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 04.09.2025 2 1. With the consent of the parties, mater is heard finally. 2. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10. RELIEF(S) SOUGHT i. The petitioners most respectfully pray to this Hon'ble Court to quash the Annexure P/1 and P/2 ie. shop cancellation notice dated 05/08/2025 and also the tender inviting notice/auction notice dated 14/08/2025 and the petitioner must be given a chance to repay the money to the respondent Bilaspur Municipal Corporation. ii. That, the respondent authority must be commanded to accept the money that the petitioner is willing to pay in order to pay his debts. iii. Any other relief(s) that this Hon'ble Court may deem fit under the facts and circumstances of the case” 3. By way of this writ petition, petition is challenging the notice dated 05/08/2025 (Annexure P1) & notification dated 14/08/2025 (Annexure P-2), whereby tenders have been invited for auctioning the petitioner's shop on account of non-depositing the entire amount towards the shop No.D/13. 4. Learned counsel for the petitioner submits that petitioner is a mentally challenged/handicap person. In the year 2012, petitioner has purchased shop No.D/13, situated at Raja Raghuraj Singh Stadium, Imli para, Bilaspur, (CG) from the respondent/Municipal Corporation on hire purchase system on paying about sum of 3 Rs.10,00,000/- (ten lac) and, thereafter, running a business of scrap papers in the said shop with active support of his family members. However, there is still approximately sum of Rs.17 lakhs, which the petitioner has to pay to the respondent/Municipal Corporation towards the said shop, hence, he prayed that ‘30 days’ time may be given to the petitioner for paying the rest of the amount to the respondent/Municipal Corporation and till then effect and operation of the impugned notice Annexure P-1 & P-2 be stayed. 5. Learned counsel for the respondent/Municipal Corporation contended that petitioner may also be directed to pay the amount which incurred towards the paper publication alongwith interest. He further contended that if the petitioner fails to deposit the entire/rest amount within an stipulated time, liberty be granted to the respondent-Municipal Corporation to proceed against the petitioner as per tender/auction notice dated 14.08.2025 Annexure P-2. 6. Heard learned counsel for the parties. 7. Considering facts of the case, nature of relief, submissions of counsel for the parties, this writ petition is disposed of at this stage directing the petitioner to deposit the entire/rest of the amount before the respondent/Municipal Corporation within ‘30 days’ from today including the amount which incurred towards the paper 4 publication alongwith interest. Till the period of 30 days, effect and operation of notice dated 05.08.2025 & tender/auction notice dated 14.08.2025 (Annexures P/1 & P/2) shall remain stayed with respect to the shop of the petitioner only. 8. However, it is made clear that if the petitioner fails to deposit the entire/rest amount before respondent/Municipal Corporation within an stipulated period, concerned Authority will be at liberty to proceed against the petitioner as per the tender/auction notice dated 14.08.2025 Annexure P-2. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-