1 2025:CGHC:48938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5068 of 2025 1 - Smt. Shyama Pujari W/o Late Shri Mahendra Prakash Pujari Aged About 76 Years R/o Pujari Bada, Jawahar Nagar, M G Road, Raipur, Tehsil And District Raipur Chhattisgarh Represented Through General Power Of Attorney Holder Namely Manish Pujari (Petitioners No. 2 Herein), S/o Late Shri Mahendra Prakash Pujari, Aged About 54 Years, R/o Pujari Bada, Jawahar Nagar, M G Road, Raipur, Tehsil And District Raipur Chhattisgarh 2 - Manish Pujari S/o Late Shri Dr. Mahendra Prakash Pujari Aged About 54 Years R/o Pujari Bada, Jawahar Nagar, M G Road, Raipur, Tehsil And District Raipur Chhattisgarh Represented Through General Power Of Attorney Holder Namely Manish Pujari (Petitioners No. 2 Herein), S/o Late Shri Mahendra Prakash Pujari, Aged About 54 Years, R/o Pujari Bada, Jawahar Nagar, M G Road, Raipur, Tehsil And District Raipur Chhattisgarh 3 - Smt. Sweta Mishra D/o Late Shri Mahendra Prakash Pujari, W/o Shri Sharad Mohan Mishra Aged About 51 Years R/o Pujari Bada, Jawahar Nagar, M G Road, Raipur, Tehsil And District Raipur Chhattisgarh Represented Through General Power Of Attorney Holder Namely Manish Pujari (Petitioners No. 2 Herein), S/o Late Shri Mahendra Prakash Pujari, Aged About 54 Years, R/o Pujari Bada, Jawahar Nagar, M G Road, Raipur, Tehsil And District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Its Secretary, Department Of Urban And Administration And Development Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh 3 - Collector Raipur District Raipur Chhattisgarh 2 4 - Deputy Director Town And Country Planning, Regional Office Raipur, District - Raipur Chhattisgarh 5 - Ravindra Prakash Pujari S/o Late Shri B.L. Pujari Aged About 66 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 6 - Narendra Prakash Pujari S/o Late Shri B.L. Pujari Aged About 64 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 7 - Ashok Pujari S/o Late Shri B.L. Pujari Aged About 54 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 8 - Santosh Pujari S/o Late Shri B.L. Pujari Aged About 52 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 9 - Rajesh Pujari S/o Late Shri B.L. Pujari Aged About 47 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 10 - Ku. Durga Pujari D/o Late Shri B.L. Pujari Aged About 42 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 11 - Smt. Chandraprabha Gond W/o Shri D.K. Gond, D/o Late Shri B.L. Pujari Aged About 45 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 12 - Ku. Laxmi Pujari D/o Late Shri B.L. Pujari Aged About 41 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 13 - Smt. Uma Chahal D/o Late Shri B.L. Pujari Through Power Of Attorney Holder Shri Rajesh Pujari, Aged About 31 Years, R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur Chhattisgarh 14 - Amarganga Builders Properties Pvt. Ltd. Pachpedi Naka, Arvind Nagar Ward, Raipur, Tehsil And District - Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate For Respondent(s) : Mr. Praveen Das, Dy. A.G. 3 Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 24/09/2025 1. The petitioner has filed this writ petition on the following reliefs: “10.1. That, this Hon’ble Court may kindly be pleased to issue suitable writ(s), order(s), direction(s) by commanding/directing the Deputy Director, Town and Country Planning, Regional Officer, Raipur (Respondent No. 4) to decide the application (Annexure P/1) as per law, within a time frame, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased to call the entire records from the respondent authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsels for the petitioner submits that the present petition is being preferred against the inaction of respondent authorities, particularly the illegal action of Town and Country Planning, Raipur who is not deciding the application filed by late husband and father of the petitioners namely Dr Mahendra Prakash Pujari in respect of land bearing khasra no. 271/3, Rakba 4.490 hectare, situated at Village- Tikrapara, Tehsil and District- 4 Raipur with the subject matter for cancellation of development license No. 5957/P.L.131/T&C/2000/Raipur Dated 06.07.2000, granted by the Office of Town and Country Planning, Raipur without adhering to the rule of law and flouting the law by not deciding the application filed by the husband and father of petitioners, till date. 3. At the outset, learned State counsel contended that the petition is not maintainable because the petitioner has filed the present petition at a very belated stage, i.e. after lapse of 18 years and also there is a dispute between the private parties with respect of partition of the land and pendency of the revenue case. 4. Heard learned counsel for the respective parties on maintainability and perused the record with utmost circumspection. 5. Considering the entire facts and circumstances of the case, submissions of the counsels for the respective parties, particularly that the application (Anneuxre P/1) was filed on 24.05.2007 by the husband and father of petitioners namely Dr. Mahendra Prakash Pujari for cancelling the building development license No. 5957/P.L. 131/T&C/2000/Raipur Date-06.07.2000 before Respondent No. 4 and the applicant, i.e. Dr. Mahendra Prakash Pujari died on 27.04.2025. Earlier petition bearing WPC No. 4844 of 2025 was disposed of by this Court vide its order dated 12.09.2025 with a direction to the petitioner to bring on record the legal heirs of the deceased Dr. Mahendra Prakash Pujari. Also the petitioners filed the present petition 18.09.2025 which is at a very 5 belated stage. 6. Therefore, this Court is of the considered opinion that the present petition is not maintainable for the reason being filed at a very belated stage and also there is a dispute between the private parties regarding the partition of property for which there is an alternate remedy available to the petitioners. 7. Accordingly, the present petition is dismissed as not maintainable. However, the petitioner is at liberty to pursue the matter before the respondent no. 4. Sd/- (Arvind Kumar Verma) JUDGE Madhurima