1 2025:CGHC:2152-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 900 of 2024 1 - Saroj Jaiswal @ Saroj Devi W/o Late Shri Sanjay Jaiswal Aged About 52 Years R/o B-416, Sanjay Height Rajaswa Colony Sarkanda, Police Station-Sarkanda, District-Bilaspur (C.G.) 2 - Vikrant Jaiswal S/o Late Shri Sanjay Jaiswal Aged About 32 Years R/o B-416, Sanjay Heigh Rajaswa Colony Sarkanda, Police Station- Sarkanda, District-Bilaspur (C.G.) 3 - Samriddhi Jaiswal D/o Late Shri Sanjay Jaiswal Aged About 34 Years R/o B-416, Sanjay Heigh Rajaswa Colony Sarkanda, Police Station- Sarkanda, District-Bilaspur (C.G.) 4 - Shrivriddhi Jaiswal @ Vriddhi Jaiswal D/o Late Shri Sanjay Jaiswal, Aged About 27 Years R/o B-416, Sanjay Heigh Rajaswa Colony Sarkanda, Police Station- Sarkanda, District-Bilaspur (C.G.) 5 - Vijay Jaiswal S/o Late Shri Bajrang Prasad Jaiswal Aged About 56 Years R/o B- 417, Sanjay Heights Rajaswa Colony Sarkanda, Police Station- Sarkanda, District- Bilaspur (C.G.) 6 - Ajay Jaiswal S/o Late Shri Bajrang Prasad Jaiswal Aged About 54 Years R/o B- 419, Sanjay Heights Rajaswa Colony Sarkanda, Police Station- Sarkanda, District- Bilaspur (C.G.) 7 - Jay Jaiswal S/o Late Shri Bajrang Prasad Jaiswal Aged About 44 Years R/o B- 415, Sanjay Heights Rajaswa Colony Sarkanda, Police Station- Sarkanda, District- Bilaspur (C.G.) 8 - Mrityunjay Jaiswal @ Mrityunjay Kumar Jaiswal S/o Late Shri Bajrang Prasad 2 Jaiswal Aged About 43 Years R/o B-418, Sanjay Heights Rajaswa Colony Sarkanda, Police Station- Sarkanda, District-Bilaspur (C.G.) ... Appellant(s) versus 1 - State of Chhattisgarh Through The Secretary, Urban Administration Department, Mantralaya, Mahanadi Bhawan, Raipur (C.G.) 2 - Nagar Palik Nigam Bilaspur, District - Bilaspur (C.G.) Through - The Commissioner, Nagar Palik Nigam Bilaspur, District - Bilaspur (C.G.) 3 - The Commissioner, Nagar Palik Nigam Bilaspur, District- Bilaspur (C.G.) 4 - The Zone Commissioner, Zone No.5 Nagar Palik Nigam Bilaspur, District - Bilaspur (C.G.) 5 - Rameshwar Jaiswal, Address Bihari Talkies Premise, Old High Curt Road , Near Gandhi Chowk Bilaspur, Police Station- Civil Line Bilaspur, District- Bilaspur (C.G.) 6 - Roahn Jaiswal Address R.G Library, Bihari Talkies Premise, Old High Curt Road , Near Gandhi Chowk Bilaspur, Police Station- Civil Line Bilaspur, District- Bilaspur (C.G.) 7 - Ritvik Jaiswal Address Ritvik School Of Badminton Bihari Talkies Premise, Old High Curt Road , Near Gandhi Chowk Bilaspur, Police Station- Civil Line Bilaspur, District- Bilaspur (C.G.) 8 - Ratan Jaiswal Address Bihari Talkies Premise, Old High Curt Road , Near Gandhi Chowk Bilaspur, Police Station- Civil Line Bilaspur, District- Bilaspur (C.G.) 9 - Bhavesh Sahu Address- Discussion Point I.A.S Academy, Bihari Talkies Premise, Old High Court Road, Near Gandhi Chowk Bilaspur, Police Station Civil Line Bilaspur, District - Bilaspur (C.G.) 10 - Manish Verma Address- Kalpavriksha Coaching Tutorials Center, Bihari Talkies Premise, Old High Court Road, Near Gandhi Chowk Bilaspur, Police Station Civil Line Bilaspur, District - Bilaspur (C.G.) 11 - Om Dewangan Address- Balaji Photocopy, Bihari Talkies Premise, Old High 3 Court Road, Near Gandhi Chowk Bilaspur, Police Station Civil Line Bilaspur, District - Bilaspur (C.G.) 12 - Subhash Tamboli, Address- Shri Sant Enterpries Photocopy, Bihari Talkies Premise, Old High Court Road, Near Gandhi Chowk Bilaspur, Police Station Civil Line Bilaspur, District - Bilaspur (C.G.) 13 - Vijay Tamboli Address- Vijay Pan Masala, Bihari Talkies Premise, Old High Court Road, Near Gandhi Chowk Bilaspur, Police Station Civil Line Bilaspur, District - Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Rishi Rahul Soni, Advocate For Respondent/State For Respondent No.2, 3 & 4. : Mr. Shashank Thakur, Dy. Advocate General, : Mr. Abhijeet Mishra, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J. Order on Board Per Ramesh Sinha, Chief Justice 14/01/2025 1. Heard Mr. Rishi Rahul Soni, learned counsel for the appellants. Also heard Mr. Shashank Thakur, Dy. Advocate General, for the respondent/State, Mr. Abhijeet Mishra, learned counsel for the respondent No. 2, 3 & 4. 2. The present writ appeal has been filed against the impugned order dated 20.09.2024 passed by the learned Single Judge in WPC No. 4692/2024 whereby the writ petition filed by the petitioners/writ appellants have been dismissed. 3. Brief facts of the case as emerges from the pleadings and documents of the writ petition are that the petitioners have the land in their possession admeasuring 23200 sq. ft. of Nazul land which is situated at Sheet No. 39, Plot no. 1/1 (now 1/130) situated at Juna Bilaspur, Tahsil & District- Bilaspur (C.G.) which was purchased by their ancestor Shri Bihari Lal Jaiswal and presently have been recorded in the name of petitioners and one Mira Devi. On 15.03.2023, a complaint 4 was made to the Municipal Corporation that the respondent nos. 5 to 8 have encroaching their land and started illegal constriction on it. By which their access way is narrowing down, therefore illegal construction should be immediately stopped. A notice was issued by the municipal corporation to the respondents nos. 5 to 8 to show cause and to remove their illegal construction or else, the Municipal Corporation will remove their illegal construction. Despite the proceedings initiated under Section 293 and 294 of the Chhattisgarh Municipal Corporation Act, 1956 against the respondent nos. 5 to 8, no action have been taken till date. for which the petitioners have filed the writ petition before the learned Single Judge of this Court with the following prayer: “10.1 The Hon’ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for its kind perusal; 10.2 The Hon’ble Court may kindly be pleased to issue suitable writ, order or direction commanding the respondent No.2 to 4 to conclude the proceedings initiated under Section 293, 294 of Chhattisgarh Municipal Corporation Act 1956 and to take decision upon the application (Annexure P/2) preferred by the petitioner No.8 as early as possible preferably within a period of 15 days or within any other suitable period. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 4. After hearing the parties, the learned Single Jude have dismissed the writ petition filed by the petitioners/writ appellants by holding that it is a dispute between the private parties regarding the encroachment over their land which is civil dispute and, therefore the writ petition is not maintainable and liberty was reserved for the petitioners to take recourse of the law available to them. The said order dated 20.09.2024 passed by learned Single Judge is challenged in the present appeal. 5. Learned counsel for the appellant would submit that once the Municipal Corporation have initiated the proceedings under Section 293 and 294 of the Chhattisgarh Municipal Corporation Act, 1956, it has to come at a logical end yet the Municipal Corporation has not taken any action against the private respondents. Although there is a dispute of encroachment of the land of the petitioners but the 5 petitioners have raised their grievances against the illegal construction raised by the private respondents and the Municipal Corporation is under obligation to stop the illegal construction within its territory and despite having issuance of notice, they have not taken any action. The action of the private respondents have adversely affecting rights of the petitioners, therefore, interference of this court in the matter is required and the writ appeal may be allowed and necessary directions may be issued to the authorities. 6. Per contra, learned counsel for the respective respondents, supported the impugned order. 7. We have heard learned counsel for the parties and perused the documents annexed with the writ appeal as well as writ petition. 8. From the pleadings of the writ petition is quite vivid that the petitioners have pleaded that the private respondents have encroached their land and started construction over it which also reflects from the documents annexed with the writ petition Annexure P/2 which is complaint dated 15.03.2023 made before the State Officer, Municipal Corporation Bilaspur. From the pleadings as well as documentary evidence of the writ petition, it clearly reflects it is a civil dispute between the parties with respect to the issue of encroachment and entitlement of the property for which the writ petition is not maintainable and the learned Single Judge has rightly hold the same under the facts and circumstances of the case. 9. We do not find any perversity or infirmity in the impugned order passed by learned Single Judge and accordingly, the writ appeal sans merit and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.01.21 10:17:49 +0530