1 2025:CGHC:61428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6419 of 2025 1 - Sourabh Gupta S/o Shri Ram Sahodar Gupta Aged About 33 Years R/o Station Road, Narmadapara, Raman Mandir Ward No. 14, Raipur, District Raipur Chhattisgarh 2 - Mukesh Khandelwal S/o Shri Ashok Khandelwal Aged About 38 Years R/o Station Road, Narmadapara, Raman Mandir Ward No. 14, Raipur, District Raipur Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Collector Raipur, District Raipur Chhattisgarh 3 - Commissioner Municipal Corporation, Raipur, District Raipur Chhattisgarh 4 - Joint Director Town And Country Planning, R D A Building, Shastri Chowk Raipur, District Raipur Chhattisgarh 5 - Zone Commissioner Zone-2, Municipal Corporation, Near Shahid Smarak School, Raipur, District Raipur Chhattisgarh 6 - Vishal Khandelwal S/o Omprakash Khandelwal R/o Satkar Hotel Gali, ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.23 10:38:39 +0530 2 Station Road, Narmadapara, Raman Mandir Ward No. 14, Raipur, District Raipur Chhattisgarh 7 - Smt. Juhi Khandelwal W/o Vishal Khandelwal R/o Satkar Hotel Gali, Station Road, Narmadapara, Raman Mandir Ward No. 14, Raipur, District Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Raghvendra Pradhan, Advocate For Respondents-State : Mr. Akhilesh Kumar, Government Advocate For Respondent no. 5 : Mr. Pankaj Agrawal, Advocate Hon’ble Justice Parth Prateem Sahu, Judge Order on Board 17.12.2025 1. Petitioner has filed this writ petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to stop the construction of the Hotel building situated at Satkar Gali, Station Road, Narmadapara, Raman Mandir Ward No. 14, Raipur, District-Raipur (C.G.). 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent state authorities to demolish the illegal constructions of the respondent no. 6 and 7 situated at Satkar Gali, Station Road, Narmadapara, Raman Mandir Ward No. 14, Raipur, District- Raipur (C.G.) 10.3 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon’ble Court deems fit in the circumstances of the case.” 2. Learned counsel for petitioners submits that against the illegal construction made by respondent no. 6 and 7, petitioners have lodged a complaint to respondent corporation, however, no action has been 3 taken on their complaint and therefore, they have filed writ petition bearing WPC No. 3969 of 2024 which was disposed of directing corporation to initiate a proper proceeding in accordance with law providing opportunity to respondent no. 6 and 7. He also submits that the limitation for completing the proceedings is also specified as 50 days from the date of order i.e. from 05.02.2025. It is further submitted by counsel for petitioners that even after passing of an order in writ petition, no action has been taken by respondent corporation and therefore, direction be issued to respondent no. 3 to remove an unauthorized construction within a period of one week. 3. Learned counsel for respondent no. 3/corporation would submit that from the documents enclosed along with this writ petition, it is appearing that after passing of an order in WPC No. 3969 of 2024, respondent no. 6 and 7 herein and in the aforementioned writ petition also have filed writ petition bearing WPC No. 2352 of 2025 which was disposed of vide order dated 07.05.2025 observing that to consider the appeal filed by respondent no. 6 and 7 herein (petitioners therein) as properly instituted before the appeal committee under Section 403 of Municipal Corporation Act, 1956. It was further directed that appeal committee shall consider and decide the same on merits within 30 days from the date of this Order after affording appropriate and adequate opportunity of hearing to petitioners, in accordance with law. He further submits that the appeal submitted by respondent no. 6 and 7 was considered and rejected and thereafter notices were issued to respondent no. 6 and 7 for removing an unauthorized construction as per the instructions as also reflecting from the documents supplied to him dated 10.11.2025. He also submits that the document dated 10.11.2025 is in the form of last notice issued to respondent no. 6 and proper action would be taken in accordance with law against respondent no. 6 and 7 if unauthorized construction is not removed pursuant to the notice. 4. I have heard learned counsel for the parties and perused the documents enclosed along with this writ petition. 4 5. On due consideration of submission made by learned counsel for the respective parties and further considering that subject matter of writ petition is with regard to unauthorized construction raised by respondent no. 6 and 7 and further against the action taken by corporation the appeal under Section 403 of the Act of 1956 filed by respondent no. 6 and 7 also came to be dismissed and further last notice is stated to be issued by corporation on 10.11.2025 and further considering that more than one month has already passed after issuance of last notice, I find it appropriate to dispose of this writ petition at this stage directing corporation to take appropriate action in accordance with law to remove unauthorized construction within a period of 01 month if there is no other impediment, giving proper notice to respondent no. 6 and 7. 6. With the aforementioned direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza