NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3008 of 2019 1 - Mothers Care Nursery School Through Its Principal Smt. Vijay Laxmi Sharma, W/o Shri Pramod Kumar Sharma, Aged About 50 Years Balco Korba, Tahsil Anddistrict Korba Chhattisgarh., District : Korba, Chhattisgarh 2 - Smt. Vijay Laxmi Sharma W/o Shri Pramod Kumar Sharma Aged About 47 Years Principal Mothers Care Nursury School, Balco And R/o House No. 254- B/1, Balco Nagar, Korba Tahsil And District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of School, Education Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - The District Education Officer District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - The Tehsildar / Executive Magistrate Korba, Chhattisgarh., District : Korba, Chhattisgarh 5 - The Naib Tehsildar Korba, Chhattisgarh., District : Korba, Chhattisgarh 6 - Municipal Corporation Korba Through Its Commissioner,, District : Korba, Chhattisgarh 7 - Kalyan Shiksha Samiti, Through Its Secretary, Minimata Higher Secondary School, Sector- 3, Balco Balco Nagar, Tashil And District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Respondents For Petitioner : Ms. Sameeksha Gupta, Advocate holding the brief of Mr. B.P. Sharma, Advocate For State : Ms. Shailja Shukla, Dy.G.A. For Respondent No.6 : Mr. Vikram Sharma, Advocate For Respondent No.7 : Mr. Prateek Sharma, Advocate REKHA SINGH Digitally signed by REKHA SINGH -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03.07.2025 1. The petitioner has filed this petition seeking the following relief(s):- “A. A writ and/or an order in the nature of writ of appropriate nature do issue calling the relevant records pertaining to case of the petitioner from the court below concerned for its kind perusal. B. A writ and/or an order in the nature of writ of appropriate nature do issue quashing the notice dated 19.8.2019 issued by the respondent No.6 being arbitrary, illegal, malafide and amounts to violation of fundamental and constitutional rights. C. A writ and/or an order in the nature of writ of appropriate nature do issue directing the respondents to make arrangements for construction of lavatory for user of students and staff of petitioner No.1-school or permitting the petitioners to construct, at their own cost, appropriate number of lavatories for boys & girls students and also for staff members of the school. D. A writ and/or an order in the nature of writ of appropriate nature do issue against the respondent authorities to take immediate action against all concerned for causing hindrances in smooth functioning of the school in question and provide security necessary for due discharge of obligation. E. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. F. Cost of the petition may also be awarded.” 2. Learned counsel for the petitioner submits that the petitioner is running a Nursery School with the strength of 246 students in the rented premises of respondent No.7. It is stated that in order to cause nuisance so that the petitioner may vacate the premises, nursery students are not allowed to use the toilet as two schools are being run in the same premises, one is Mini Mata Higher Secondary School and another is the petitioner's school i.e. Mother's Care Nursery School. It is stated that since toilets were not being allowed to be used, the petitioner approached the Tehsildar, Korba and the Tehsildar/Executive Magistrate, Korba vide order dated 27/07/2019 granted permission to construct a toilet. On the same date, an undertaking was given by a member of the respondent/institute to use the toilets therefore permission granted in favour of the petitioner was withdrawn. She would also submit that the petitioner institution has already constructed a toilet within their premises but the Municipal Corporation Korba is raising objection and a show cause notice has been issued. 3. Learned counsel appearing for the Municipal Corporation would submit that if the application is so received by the Municipal Corporation, it shall be considered. 4. Learned counsel for respondent No. 7/Kalyan Shiksha Samiti submits that it has never objected to the use of toilets. He further submits that the petitioner wanted to construct the lavatory in the middle of the ground which was objected to by the Kalyan Shikshan Samiti. The attention was invited to the arrangement which was arrived at on 03.08.2019 and would submit that respondent No. 7 would not raise any objection if the construction is made on the place earmarked for the toilet. 5. Heard the learned counsel appearing for the parties and perused the documents placed on the record. 6. Admittedly, a civil suit was filed by respondent No.7 for eviction -4- against the petitioner and it was dismissed. Thereafter, First Appeal No.504 of 2018 was preferred against the said judgment and decree, which is pending before the High Court. 7. Indisputably, the petitioner is a tenant, and the students are pursuing their studies in the school run by the Petitioner Institution; the petitioner was granted permission by the Tehsildar to construct a toilet but later on, that was withdrawn but as contended by Ms. Gupta, pursuant to permission granted by the Tehsildar, the toilet was constructed. If the petitioner has already constructed the toilet/lavatory, neither the Tehsildar nor Municipal Corporation shall create any disturbance till the disposal of the first appeal but the petitioner shall not raise any new construction. 8. With the aforesaid observation(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha