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2025 DAILYLAW 45500 (CHH)

CHITTPAL SINGH WALIA v. STATE OF CHHATTISGARH

WPC/6169/2024 · 2025-01-21

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:3754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6169 of 2024 1 - Chittpal Singh Walia S/o Late Shri S. B. Singh Walia Aged About 69 Years R/o Walia Mansion, Opposite F C I Warehouse, Lingiyadih, Bilaspur, District Bilaspur, C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, C.G. 2 - The Collector Bilaspur, District Bilaspur, C.G. 3 - The Commissioner Bilaspur Municipal Corporation, District Bilaspur, C.G. 4 - The Building Officer Bilaspur Municipal Corporation, District Bilaspur, C.G. 5 - The Secretary District Regularisation Authority, Joint Director, Nagar Tatha Gram Nivesh, Bilaspur, District Bilaspur, C.G. ... Respondent(s) For Petitioner : Mr. Prateek Sharma, Advocate. For Respondent/State : Mr. Praveen Das, Dy. A.G. For Respondent Nos.3 & 4 Mr. Shaleen Singh Baghel, Advocate. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.21 18:16:40 +0530 2 Hon'ble Justice Shri Bibhu Datta Guru Order on Board 21/01/2025 1. By the present writ petition, the petitioner is questioning the notice of removal of structure over the land bearing Khasra No.80/2, 84/5, 84/8 situated at Village Lingiyadih Bilaspur, issued by the Municipal Corporation, Bilaspur, C.G. 2. Learned counsel for the petitioner submits that during the pendency of the writ petition, the petitioner by filing an application for taking document on record on 12/12/2024, placed the memo of appeal which has filed by the petitioner before the Commissioner, Bilaspur Division under Section 9 of the Chhattisgarh Anadhikrit Vikas Ka Niyamatikaran Adhiniyam(Sanshodhan) Act, 2002. The said appeal has been filed by the petitioner questioning the order dated 13/11/2024, by which, the regularisation application has been rejected by the District Regularisation Authority. 3. Learned counsel for the State/respondent as well as counsel for the respondent/Municipal Corporation submit that as the appeal against the rejection of Regularisation application by the authority is pending before the Commissioner, Bilaspur Division, the petition be disposed of with a direction to the appellate authority to consider the appeal of the petitioner within a stipulated time. 4. I have heard learned counsel for both the parties and perused the memo of appeal dated 04/12/2024. 3 5. As the appeal against the rejection of regularisation application is pending before the Commissioner, Bilaspur Division,C.G., it is directed that the Commissioner, Bilaspur Division shall decide the appeal filed by the petitioner within a period of 45 days and till then, status quo be maintained over the land in question and no third party interest shall be created over the said land. 6. With the aforesaid observation, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep