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2025 DAILYLAW 55042 (CHH)

DR. RAJESH SINGH GAUTAM v. STATE OF CHHATTISGARH

WPC/2211/2025 · 2025-05-01

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2211 of 2025 1 - Dr. Rajesh Singh Gautam S/o Chitrabhan Singh Aged About 45 Years R/o Flat No. 101, Jaypaal Tower, Magarpara Road, Agrasen Chowk, Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector, Bilaspur District Bilaspur, Chhattisgarh. 3 - Municipal Corporation Bilaspur Through Commissioner, District Bilaspur, Chhattisgarh. 4 - The Building Officer Municipal Corporation, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Faiz Kazi, Advocate. For Respondent(s)/ State : Ms. Upasana Mehta, Panel Lawyer. For Respondent/Municipal Corporation : Mr. Pankaj Agrawal, Advocate. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 02/05/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(1) This Hon'ble Court may be kind enough to issue a writ in the nature of Mandamus or suitable direction to the respondent authorities to provide an opportunity for filing a fresh application regularization/compounding of construction. (ii) This Hon'ble Court may be kind enough to issue a writ in the nature of Prohibition or suitable direction to the respondent authorities to restrict the proceeding of demolition under section 307(3) of the Municipal Corporation Act, 1956. (iii) This Hon'ble Court may be pleased to pass any other order(s) as it deems fit, in the interest of justice.” 2. Learned counsel for the petitioner submits that he is aggrieved by the notices dated 09.01.2024 & 10.03.2025 against the petitioner issued by Municipal Corporation, Bilaspur in under Sections 307 (2) & 307 (3) of the Municipal Corporation Act, 1956. He further submits that he is seeking a direction to the respondent authorities to provide and opportunity for filing a fresh application for regularization/ compounding of construction as such this petition has been filed. 3. On the other hand, learned counsel for Municipal Corporation, Bilaspur submits that if the petitioner will file reply to the said notice the same will be considered and decided in accordance 3 with law. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, the Municipal Corporation, Bilaspur is directed to consider the reply of the petitioner and to pass appropriate orders. In case of any removal of encroachment is required then the petitioner be given 7 days clear notice excluding holidays and closed office days and before that no action shall be taken against the petitioner. 6. With this observation, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat