1 2025:CGHC:3386-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 8 of 2025 1 - Raj Kumari Mundra W/o Late Raj Kumar Mundra Aged About 68 Years, R/o Giriraj Agencies, Ramnagar, Supela, Bhilai, Tahsil and District- Durg (C.G.) 2 - Mukesh Mundra S/o Late Raj Kumar Mundra Aged About 50 Years, R/o Giriraj Agencies, Ramnagar, Supela, Bhilai, Tahsil and District- Durg (C.G.) 3 - Pramesh Mundra S/o Late Raj Kumar Mundra Aged About 48 Years, R/o Giriraj Agencies, Ramnagar, Supela, Bhilai, Tahsil and District- Durg (C.G.) 4 - Basant Mundra S/o Late Raj Kumar Mundra Aged About 56 Years, R/o Giriraj Agencies, Ramnagar, Supela, Bhilai, Tahsil and District- Durg (C.G.) 5 - Vasanti Devi Mundra W/o Vijay Mundra Aged About 65 Years, R/o Giriraj Agencies, Ramnagar, Supela, Bhilai, Tahsil and District- Durg (C.G.) 6 - Manish Kumar Mundra S/o Kiran Kumar Mundra Aged About 49 Years, R/o Giriraj Agencies, Ramnagar, Supela, Bhilai, Tahsil and District- Durg (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through its Secretary, Urban Administration Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) Digitally signed by MOHAMMAD AADIL KHAN 2 2 - Raipur Development Authority Through its Chief Executive Officer, Second Floor, Bhakt Matakarma Commercial Complex, New Rajendra Nagar, Raipur (C.G.) 3 - Chief Executive Officer Raipur Development Authority, Second Floor, Bhakt Matakarma Commercial Complex, New Rajendra Nagar, Raipur (C.G.) 4 - Municipal Corporation Raipur Through its Commissioner, Near Mahila Police Station, Gandhi Udyaan, Raipur (C.G.) 5 - Commissioner Municipal Corporation, Raipur Near Mahila Police Station, Gandhi Udyaan, Raipur (C.G.) 6 - Director Town and Country Planning, 3rd Floor, Block-4, Indravati Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 7 - Naib- Tahsildar Raipur, District- Raipur (C.G.) ... Respondents For Petitioner : Mr. Manish Nigam, Advocate. For State : Mr. Sangharsh Pandey, Govt. Advocate. For Respondents No.4 and 5 : Mr. H.B. Agrawal, Senior Advocate with Ms. A. Sandhya Rao, Advocate. Division Bench Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 20-01-2025 1. Heard Mr. Manish Nigam, Advocate, learned counsel for the petitioners as well as Mr. Sangharsh Pandey, learned Govt. Advocate for the State and Mr. H.B. Agrawal, learned Senior Counsel with Ms. A. Sandhya Rao, learned counsel for respondents No.4 and 5. 2. Facts as submitted in the present petition are that, the petitioners 3 have filed Writ Petition (C) No.2394/2024, challenging the vires of the Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation) Act 2017 and the impugned order dated 05-10-2019 (Annexure P/2) passed by the Revenue Authority and the notice dated 21-03-2024 (Annexure P/3) issued by the Raipur Development Authority, in exercise of power conferred under the Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation) Act 2017, by which the petitioners have been asked to vacate their land bearing Khasara nos. 30/6, 30/7, 30/8, 30/9, 79/1, 79/2, 79/3, 79/4, 79/5, 79/6, 79/7, 80/1 and 80/2, situated at Patwari Halka no. 104, Village-Raipura, District-Raipur (CG). It is further pleaded in the petition that on 14-01-2025, learned Senior Advocate appearing on behalf of Municipal Corporation, Raipur (Respondents No.4 and 5) made a statement that the vires of Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation) Act 2017 is already under challenge by some other persons which is subject matter of WPC No.2769/2019, which is listed before the coordinate Bench of this Court for Final Hearing. Thereafter, based on the aforesaid statement this Court has dismissed the petition filed by the petitioners, i.e. Writ Petition (C) No.2394/2024 (Raj Kumari Mundra and others v. State of Chhattisgarh and others), vide order dated 14-01-2025. Hence, the present petition has been filed for review/recalling of the order dated 14-01-2025 passed in Writ Petition (C) No.2394/2024. 3. Learned counsel for the petitioners would submit that there is an 4 error apparent on face of record for the reasons that the pendency of some others writ petition wherein vires of Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation) Act 2017 has been challenged by some other person, will not debar the right of the petitioners from challenging the vires of the same Act as it is not barred by the principles of res-judicata or constructive res- judicata. He would further submit that there is no bar under the law for a litigant/citizen to challenge the vires of an Act, particularity when the cause of action arises at a later point of time, as in the case of petitioner wherein the cause of action arose by the issuance of impugned notice dated 21-03-2024 (Annexure P/3) issued by the Raipur Development Authority, in exercise of power conferred under the Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation )Act 2017. Further, the WPC No.2769/2019 is related to ‘Kamal Vihar Project’ whereas the case of the petitioners is related to ‘Indraprasth Project’. It is further submitted that the relief sought by the present petitioner cannot be prayed in the writ petition pending of another person. Therefore, the present review petition may be allowed and the order dated 14-01-2025 may be recalled. 4. Learned counsel for the respondents have not opposed the submission made by learned counsel for the petitioners. 5. After perusal of the order dated 14-01-2025 and considering the submissions made by the learned counsel for the petitioners particularly that they are having right to challenge the vires of the 5 aforesaid Act and they cannot pray such reliefs in the writ petition filed by another person, we are inclined to allow the present review petition. Accordingly, the present petition is allowed and the order dated 14-01-2025 passed in WPC No.2394 of 2024 is recalled and the same is restored to its original number. WPC No.2394/2024 be connected with WPC No.2769/2019 and listed accordingly. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil