1 2025:CGHC:49987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5223 of 2025 1 - M/s Pns Holdings A Registered Partnership Firm Having Its Office At- 4th Floor, Raj Niwas, Sundar Nagar, Raipur, Chhattisgarh- 492013 Operator And Lawful Possessor Of Hotel Aspen Tree, Through Its Authorized Signatory, Sanjay Shukla, S/o Shri Ashwani Kumar Shukla Aged About 27 Years, R/o 4th Floor, Raj Niwas, Sundar Nagar Raipur, Chhattisgarh 429013 2 - Mrs. Akansha Shukla W/o Shri Bankim Shukla Aged About 53 Years R/o Sundar Nagar, Raipur (C.G.) 492001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (C.G.) 2 - The Collector, Raipur District Raipur (C.G.) 3 - Municipal Corporation Raipur, Through Commissioner, Raipur, District Raipur (C.G.) 4 - Municipal Corporation Raipur, Through Zone Commissioner, Zone No. 5, Raipur District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Gajanand, Advocate For Respondent/State For Respondent No. 3 & 4 : Mr. Satish Gupta, G.A. Mr. Pankaj Agrawal, Advocate 2 Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 08/10/2025 1. The defaults pointed out by the Registry is hereby dropped. 2. With the consent of the parties, heard finally. 3. The petitioner has filed this writ petition on the following reliefs: “10.1. That, the Hon’ble Court may kindly be pleased to call for the records of the matter. 10.2 That, the Hon’ble Court may kindly be pleased to set aside impugned notice passed by Respondent no. 4. 10.3 That, the Hon’ble Court may kindly be pleased to set aside the act of sealing and locking of subject premises wherein the Petitioner are carrying out their business in the name of Hotel Aspen Tree. 10.4 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to refrain from interfering with the peaceful operation and enjoyment of the Petitioners commercial permises. 10.5 That, the Hon’ble Court may kindly be pleased to allow the instant writ petition. 3 10.6 Grant any other relief that this Hon’ble Court may deem fit and proper in the facts and circumstances of the present matter. 10.7 Kindly grant cost of the petition. ” 4. Learned counsel for the petitioner submits that respondent no. 4 vide impugned notice dated 22.04.2025 using powers under Section 322, 323 of Municipal Corporation Act, 1956 informed about some oral complaints received regarding illegal encroachment made by petitioner on the main road of Dr. Khoobchand Baghel Ward No. 68, Raipura, during construction of a building. Thereby, petitioner was directed to remove alleged illegal encroachment on public road within seven days, otherwise the same shall be demolished without further notice. Petitioner no. 1 is the Operator of Hotel Aspen Tree, petitioner no. 2 is the owner and sole proprietor of Hotel Aspen Tree. Both petitioners entered into Memorandum of Understanding dated 05.01.2025, whereby petitioner no. 1 shall manage, operate and maintain the hotel, banquet and restaurant business at the said property. 5. Learned counsel for the State and respondent no. 3 and 4 submits that statutory remedy is available to the petitioner under Section 403 of the Municipal Corporation Act, 1956. Therefore, the present petition deserves to be dismissed as not maintainable. 6. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. Considering the facts and circumstances of the case, nature of 4 grievance raised in this writ petition, submissions of the counsels for the respective parties, since a statutory remedy is available to the petitioner, therefore there is no good ground to entertain this petition. The petitioner may file appeal under Section 403 of Municipal Corporation Act, 1956, if so desire. 8. With the aforesaid observation/direction, the petition stands disposed of. 9. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. Sd/- (Arvind Kumar Verma) JUDGE Madhurima