Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4141
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 466 of 2025 1 - Pradeep Kumar Singh S/o Shri Upendra Singh Aged About 34 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 2 - Gagandeep Singh S/o Shri Rajendra Singh Aged About 37 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 3 - Prince Singh S/o Shri Dhanpat Singh Aged About 34 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 4 - Luisar Yadav S/o Shri Sibukari Yadav Aged About 38 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 5 - Santosh Kumar Prajapati S/o Shri Pachasi Ram Pade Aged About 48 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 6 - Gautam Kumar S/o Shri Doctor Kumar Aged About 40 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 7 - Indu Singh S/o Shri Jagan Nath Sen Aged About 55 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 8 - Akshay Kumar Kaiwartya S/o Shri Laxman Kaiwartya Aged About 38 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.23 23:03:33 +0530
2 491001 9 - Pawandeep Singh Gill S/o Shri Harminder Singh Gill Aged About 32 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001 10 - Santosh Yagandlla S/o Shri Radheshyam Yagandlla Aged About 38 Years R/o Ward No. 15, Karhidih Durg, Tahsil And District - Durg, C.G. 491001
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Mahanadi Bhawan Mantralaya, New Raipur, District Raipur, C.G. Pin 492001 2
- Collector
Durg,
District
Durg,
C.G.
491001 3 - Sub-Divisional Magistrate Durg, District Durg, C.G. 491001 4
- Tahsildar
Durg,
District
Durg,
C.G.
491001 5 - The Municipality Corporation Through The Commissioner Nagar Nigam Durg, District Durg, C.G. 491001
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Curtis Collins, Advocate. For Respondent//State : Shri R.S. Marhas, Addl. Advocate General. For Respondent No. 5 : Shri Manas Vajpai, Advocate.
Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 23.01.2025
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1. By the present writ petition, the petitioners are seeking a direction towards the respondent No. 5 Municipal Corporation not to raise any construction over the grazing land i.e. Khasra No. 368, pursuance to the work order dated 29.10.2024.
2. Learned counsel for the petitioners would submit that the work order has been issued by the Executive Engineer for renovation work of burial ground in Ward No. 15 Karhidih, Durg (C.G.), however, the Corporation/Contractor to whom the work order has been issued, is making construction over the grazing land/grassland bearing Khasra No. 368 of Ward No. 15 Karhidih, Durg (C.G.). The petitioners would submit that though they have submitted a representation to the Commissioner on 06.01.2024 annexed at page 40, but the Corporation is not considering the same. He would further submit that the petitioners are resident of Ward No. 15 Karhidih, Durg (C.G.).
3. Learned counsel for the corporation, Mr Manas Vajpai, on advance copy, would submit that if the petitioners’ representation is pending before the Corporation, the same shall be considered by verifying the fact and examining the objection/complaint raised by the petitioners in accordance with law.
4. I have heard both the counsels for the parties and perused the work
order as well as the complaint lodged to the Municipal Corporation on 06.01.2025, (Sic 06.01.2024). As the date of submission of the complaint by the petitioners to the Corporation is not clear from the representation as the date mentioned in the representation is 06.01.2024, hence, the petitioners are at liberty to approach the
4 corporation by filing a fresh representation, if any grievance is still existing and if the construction is still going on. On the event of filing of such representation, the Commissioner shall consider the objection and redress the dispute raised by the petitioners within a period of 15 days from receipt of fresh representation submitted by the petitioner, if any.
5. With the aforesaid direction and observation, the writ petition is
disposed off. Sd/-
(Bibhu Datta Guru) Judge Shoaib