1 2025:CGHC:48237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5001 of 2025 Jai Prakash S/o Late Baldev Vishwakarma Aged About 57 Years R/o Behind District Court Surajpur, District Surajpur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar,p.O. And P.S. Naya Raipur, District Raipur C.G. 2 - Collector, Surajpur, District Surajpur C.G. 3 - Tahsildar, Surajpur, District Surajpur C.G. 4 - Chief Municipal Officer, Municipal Council, Surajpur, District Surajpur C.G. 5 - Rajesh Agrawal Shop No. 8, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 6 - Busra Kuddus, Shop No. 9, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 7 - Ramkripal Sahu Shop No. 10, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 8 - Shanti Devi Shop No. 11, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 9 - Amitabh Bacchan Shop No. 12, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 10 - Niranjan Singh Shop No. 13, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 11 - Mamta Agrawal Shop No. 14, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 2 12 - Piyush Goyal Shop No. 15, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 13 - Ravi Kumar Sahu Shop No. 16, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 14 - Santosh Devi Mittal Shop No. 17, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 15 - Shama Parvin Shop No. 18, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 16 - Renuka Singh Shop No. 19 And 20, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 17 - Ramkishun Singh Shop No. 21, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 18 - Pawan Agrawal Shop No. 25, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 19 - Monika Singh Shop No. 36, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 20 - Dinesh Jain Shop No. 37, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 21 - Satish Soni Shop No. 38, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 22 - Pankaj Bansal Shop No. 39, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 23 - Shanti Dosi Shop No. 40, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 24 - Ashish Gupta Shop No. 41, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. 25 - Akshat Gupta Shop No. 42, Subhash Chowk Shopping Complex, Surajpur, Tahsil And District Surajpur C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. V.K. Pandey, Advocate For Respondent : Mr. Anurag Tripathi, PL. 3 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 19/09/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- 10.1. issue notices to the respondents returnable within early date of hearing. 10.2 set-aside the impugned allotment of shop made in favour of the respondent No. 5 to 25 vide Annexure P-1. 10.3 direct the respondent No. 4 to allot the shop or to make alternate arrangement in favour of the petitioner for his livelihood. 10.4 direct the respondent No. 4 to pay just and fair compensation for demolition of shop to the petitioner. 10.5 grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.6 Cost of the petition.” 3. Learned counsel for the petitioner submits that initially the Nuzul land bearing Khasra No. 1806 situated at P.H. No. 11, measuring area 18 X 16 sq.ft. was possessed by father of the petitioner namely Lt. Baldev since the year 1973 and in the encroachment proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959, some fine has been imposed upon him in the year 1974. When father of the petitioner died, petitioner has became possession holder of the alleged land, upon which, there was old shop constructed by his 4 father, in which, the petitioner has started electrical shop for his livelihood, however, encroachment proceeding has been initiated against the petitioner in the year 1998 & 1999 and fine of Rs 1200/- imposed upon him, but he has not been evicted from the shop and land. In the year 2014-15, encroachment proceeding has again been initiated against him and fine of Rs.1200/- has been imposed uopn him, but the respondent-authorities have not evicted him from the land. On 28.05.2025, respondent/Municipal Council has issued a notice under Section 187 of the Chhattisgarh Municipal Council Act 1961 and, thereafter, without giving sufficient time and without making any alternate arrangement demolished the shop of the petitioner on 01.06.2025, however, petitioner has time to time paid the fine amount imposed upon him by the Revenue Authority and has also deposited the requisite fee before respondent No.4 time to time. Respondent No. 4 while demolishing the shop of the petitioner given assurance to the petitioner that he will give priority while allotting the shop constructed by the Municipal Council but has not allotted the shop and on the contrary without following the due process of law allotted the shop to the respondent No.5 to 25. Hence, petitioner has came- up before this Court with aforesaid prayer. 4. Learned counsel for respondent-State contended that the petitioner was encroacher of the said shop, however, if the petitioner files an application/representation with regard to his grievance, the same shall be decided in accordance with law. 5. I have heard learned counsel for the parties and perused the material 5 available on record. 6. Considering the facts and circumstances of the, instead of keeping this petition pending, this Court finds it appropriate to dispose the present writ petition with a direction to the petitioner to file a representation before respondent No.4 within a period of ‘15 days’ from the date of receipt copy of this order and in-turn respondent No.4 shall consider and decide the same, expeditiously, in accordance with law/rules/regulation. 7. It is made clear that this Court has not expressed anything on the merits of the case. 8. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge J.