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2025 DAILYLAW 44335 (CHH)

PRAVEEN KUMAR SACHDEVA v. STATE OF CHHATTISGARH

WPC/5029/2025 · 2025-09-18

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:48252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5029 of 2025 Praveen Kumar Sachdeva S/o Shri Ram Asra Sachdeva Aged About 61 Years R/o Plot No. 66, Bainsthan, Agrasen Chowk, District- Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Capital Complex, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, (C.G.) 2 - Municipal Corporation Through Commissioner, Municipal Corporation Nagar Nigam, Head Office, Near Mahila Thana, Gandhi Udyan, Raipur, (C.G.) 3 - Commissioner Municipal Corporation Municipal Corporation Nagar Nigam Head Office, Near Mahila Thana, Gandhi Udyan, Raipur (C.G.) ... Respondent(s) WPC No. 5045 of 2025 Prem Kumar Chhokra S/o Shri Govind Kumar Chhokra Aged About 55 Years R/o Agrasen Chowk, Ramsagarpara, Raipur, District Raipur C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Capital Complex, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, C.G. 2 2 - Municipal Corporation Through Commissioner, Municipal Corporation Nagar Nigam, Head Office, Near Mahila Thana, Gandhi Udyan, Raipur C.G. 3 - Commissioner, Municipal Corporation Nagar Nigam, Head Office, Near Mahila Thana, Gandhi Udyan, Raipur C.G. --- Respondent(s) WPC No. 5044 of 2025 Anil Kumar S/o Ram Asram Aged About 70 Years R/o Maveshi Bazar, Ramagarpara, Raipur, District Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Capital Complex, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Municipal Corporation Through Commissioner, Municipal Corporation Nagar Nigam, Head Office, Near Mahila Thana, Gandhi Udyan, Raipur (C.G.) 3 - Commissioner, Municipal Corporation Municipal Corporation Nagar Nigam Head Office, Near Mahila Thana Gandhi Udyan, Raipur (C.G.) --- Respondent(s) ----------------------------------------------------------------------------------------- For Petitioners : Mr. TK Jha, Advocate. For State : Mr. Satish Gupta, GA. For Municipal Corporation : Mr. Pankaj Agrawal, Advocate. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 19.09.2025 1. Since common question/issue is involved in all the above writ petitions, therefore, they are being heard and disposed of together by this common order. 3 2. This writ petitions have been preferred under Article 226 of the Constitution of India seeking following reliefs: “10.1 Hon'ble Court may kindly be pleased to call for the entire record pertaining to the instant case. (i) That, the hon'ble Court may kindly be pleased for setting aside the impugned order dated 04.05.2023 and communication by the Zone Commissioner Nagar Nigam Raipur dated 04.09.2025 and direct the respondents to decide the application of petitioner for grant of patta after giving proper opportunity of hearing to the petitioner and passed appropriate order (ii) Pass any other and further order(s) as may be deemed just and proper in the facts and circumstances of the case.” 3. In the earlier round, petitioners/Prem Kumar Chhokra & Praveen Kumar Sachdeva, have filed the writ petitions before this Court, which was dismissed as withdrawn on 02.05.2025 with following liberty: “1. Learned counsel appearing for the petitioners in both the cases seeks to withdraw these petitions with liberty to pursue the representation as filed by the petitioners before the competent authority. 2. Both the writ petitions are dismissed as withdrawn with aforesaid liberty.” 4. Learned counsel appearing for the petitioners contended that petitioners are in possession of Bhaisthan area (भैंसथान) and they have submitted the representations before the 4 respondent/Municipal Corporation, however, same has been rejected on 04.05.2023 without giving opportunity of hearing to the petitioners and impugned notice Annexure P-4 has been issued on 04.09.2025 after lapse of approximately two years. Hence, petitioners have came-up before this Court with aforesaid prayer. 5. Learned counsel for the respective respondents opposes the prayer/reliefs as sought for by the petitioners in these writ petitions. 6. Heard learned counsel for the parties and perused the writ petitions including the annexed documents/order. 7. Considering entire facts and circumstances of the case, nature of reliefs, submissions of learned counsel for the parties, the above writ petitions are disposed of permitting the petitioners to file fresh representation before the respondents/Municipal Corporation within ‘15 days’ from the date of receipt of copy of this order and raised all grounds as raised in these writ petitions. If such representations are filed by petitioners, concerned respondents/Municipal Corporation are directed to consider and decide the same in accordance with relevant rules/law/regulation within an outer limit of '30 days' from the date of receipt of copy of such representation, after giving proper opportunity of hearing to the petitioners. Till decision of the petitioner’s representation, no coercive steps shall be taken against them. 5 8. It is directed to the petitioners to appear before respondent No.3/Commissioner on 15th October 2025. 9. It is made clear that this Court has not expressed any opinion on the merits of the case. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-