1 / 3 2025:CGHC:49977 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5227 of 2025 1 - Jai Singh Rajput S/o Late Shri Komal Singh Rajput Aged About 52 Years R/o- Village- Borenda, Tehsil- Patan, District- Durg (C.G.) 2 - Manoj Mishra S/o Shri Krishna Prasad Mishra Aged About 52 Years R/o Near Apsara Talkise Ward No. 25 In Front Of Dm Company Santarabadi Durg Tehsil And District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urband Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - Nagar Panchayat Patan Through Chief Municipal Officer, Patan, District Durg (C.G.) 3 - The Collector Durg, District- Durg, Chhattisgarh ---- Respondent For Petitioners : Mr. Avinash Chand Sahu, Advocate For State : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.09 11:18:08 +0530 2 / 3 2. The petitioner has been filed this writ petition on the following relief(s) : “10.1. That, this Hon'ble Court may kindly be pleased to allow this writ and quash / set-aside the above advertisement / allotment notice dated 04.09.2205 (Annexure P/1) and further direct the respondent No.2 to issue fresh advertisement in light of the procedure prescribed in Chhattisgarh Municipalities Act, 1961, in the interest of justice. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondents No. 1 and 2 to explain the terms and conditions in proper manner. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents No. 3 to decide the objection raised by the petitioner in proper manner 10.4. That, any other relief which this Hon'ble Court deems fit, may be granted to the petitioners, in the interest of justice.” 3. Learned counsel for the petitioner contended that the present writ petition is being filed against the impugned action of the Nagar Panchayat, Patan, whereby respondent No. 2 has issued an advertisement for allotment of newly constructed shops on lease/rent within its territorial jurisdiction. The said allotment process is being undertaken without adherence to the mandatory provisions the Chhattisgarh Municipalities Act, 1961, particularly Section 109. The of impugned advertisement dated 04.09.2025 (Annexure P/1) suffers from serious legal infirmities, vague terms, and arbitrary conditions, thereby depriving the petitioner and other prospective applicants of a fair, transparent, and legally valid process. The petitioner file objection 3 / 3 before the Collector, Durg on 12.09.2025 (Annexure P-2), but the same has been pending till today. Hence, this petition. 4. Learned counsel for the State contended that it may be directed to the Collector, Durg to consider and decide the the letter dated 12.09.2025 (Annexure P-2) as per law. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Considering the entire facts and circumstances of the case and grievance raised by the counsel for the petitioner, instead of keeping this petition pending, this petition is disposed of directing to respondent No.3 –Collector Durg (C.G.) to decide Annexure P-2 dated 12.09.2025 as expeditiously as possible, in accordance with rules, regulations and law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant