1 2025:CGHC:49530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5173 of 2025 K.K. Choubey S/o Late Shri Gaya Prasad Choubey Aged About 75 Years Engineer-In-Chief (Retd.), R/o 16 Panchsheel Nagar, Civil Lines, Raipur, C.G. 492001. ... Petitioner versus 1 - The Commissioner Municipal Corporation, Azad Chowk Rd, Near Mahila Police Thana, Chottapara, Janta Colony, Raipur C.G. 492001. 2 - State Of Chhattisgarh Through The Director, Urban Administration And Development Department, Indravati Bhawan, Naya Raipur, Atal Nagar, Raipur C.G. 3 - State Of Chhattisgarh Through Superintendent Engineer (Anudaan), Urban Administration And Development Department, Indravati Bhawan, Naya Raipur, Atal Nagar Raipur C.G. ... Respondents For Petitioner : Mr. Vivek Chopda, Advocate appeared through V.C. For Respondent No. 1 : Mr. Pankaj Agrawal, Advocate For State- Respondents No. 2 & 3 : Mr. Satish Gupta, Government Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06.10.2025 1. With the consent of learned counsel for the parties, the matter is heard finally. BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.10.08 10:32:09 +0530 2 2. By way of this petition, petitioner has sought following relief(s) : “10.1 A writ and/or an order in the nature of appropriate writ do issue directing the respondents to produce all the records before this Hon’ble Court pertaining to this matter. 10.2 A writ and/or an order in the nature of appropriate writ do issue directing the respondents to take appropriate steps to remove the common drain passing through the petitioners house within such time frame as this Hon’ble Court may deem fit in the interest of justice. 10.3 A writ and/or an order in the nature of appropriate writ do issue directing the authorities to take up the issue with the concerned contractor and to get the work of construction of drain near the garden be completed within a period of one month or any other timer period or any other period as this Hon’ble Court may deem necessary in the interests of justice. 10.4 A writ and/or an order in the nature of appropriate writ do issue directing the respondent to re-issue the tender for the work of construction of drain near the garden and to get it completed within such time period as this Hon’ble Court may deem necessary in the interests of justice. 10.5 Any other relief which this Hon’ble Court may deem fit in the facts & circumstances of the case. 10.6 Cost of the petition may also be awarded.” 3. Learned counsel for the petitioner contended that respondent authorities illegally and arbitrarily acted in abeyance of their duties and disregard the health and life of the citizen. He would further contend that the petitioner is not challenging any particular but is challenging the lackadaisical attitude of the respondent authorities in completing the work with respect to drain in Ward Number 47 at 3 Panchsheel Nagar near the garden. It is submitted that, though the sanction for construction of drain has been obtained and in pursuance of which a Notice Inviting Tender has also been issued and work has already been allotted to one of the Contractor, however even after lapse of more than two years, the said work cannot be completed. He further contended that a small public drain connecting to the garden of the colony was constructed from inside the house of the petitioner and due to small size of drain having very less capacity, the same was causing filling of drainage water in the house of petitioner and other houses of the colony and therefore, the petitioner had made several complaints and has requested the respondent authorities to forthwith close the same and to reconstruct a drain from the open areas of the colony. First complaint has been raised by the petitioner in the year 2019 more particularly on 16.07.2019 (Annexure P/2). He further contended that the petitioner has time and again made representations before the concerned authorities for getting the said drain shifted to the common areas and based upon which the respondent authorities have granted sanction dated 22.01.2019 (Annexure P/3) for construction of the drain but construction of the drain near the garden is still incomplete. 4. Learned counsel for respondent No. 1 contended that respondent No. 1 is ready to monitor the work in accordance with conditions of the N.I.T. 4 5. Learned counsel for State-respondents No. 2 & 3 contended that this petition be disposed of with a direction to respondent No. 1 to monitor the work and complete the same within the period mentioned in the tender. 6. I have heard learned counsel for the parties and perused the record with utmost circumspection. 7. Looking to the grievances raised by the petitioner particularly that common drain is passing through the petitioner’s house and is causing filling of drainage water in the petitioner’s house, it would be appropriate to direct respondent No. 1 to take up the issue with the concerned contractor and to get the work of construction of drain near house of the petitioner be completed in accordance with the time frame given in the N.I.T., if there is no legal impediment it is also directed that respondent No. 1 shall resolve the problem of the petitioner expeditiously. 8. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Bhumika