1 2025:CGHC:61125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6524 of 2025 1 - Smt. Kevara Bai Yadav W/o Late Phoolsay Yadav Aged About 45 Years R/o Village- Ward No. 10, Marin Drive Road, New Rameshwar Dham, Raigarh, Tah. And Distt. Raigarh (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Mantralay, Atal Nagar, New Raipur Distt. Raipur (C.G.) 2 - The Collector Raigarh Distt. Raigarh (C.G.) 3 - The Sub Divisional Officer (Revenue) Raigarh Distt. Raigarh (C.G.) 4 - The Municipal Corporation Raigarh, Through Its Commissioner, Raigarh, Distt. Raigarh (C.G.) --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. M.K. Sinha, Advocate For State/Respondent No.1 to 3 : Mr. Pranjal Shukla, P.L. For Respondent No.4 : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 16/12/2025 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, the Hon’ble Court be pleased to call for the entire records in connection of the petitioner’s case. 10.2 That the Hon’ble Court be pleased to quash the impugned order/notice dated 29.09.2025 (Annexure P/1) issued by the Commissioner, Municipal Corporation, Raigarh. 10.3 That the Hon'ble Court be pleased to restrain the respondents from demolishing the petitioner's BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.16 18:07:05 +0530 2 construction situated on Plot/Sheet No.70, Raigarh town. 10.4 That the Hon'ble Court be pleased to direct the respondents to consider the petitioner's title documents and decide the matter afresh after affording due opportunity of hearing and grant permission to reconstruct the house over the subject land to the petitioner. 10.5 Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed. 10.6 That the cost of the petition be also awarded to the petitioners.” 2. Learned counsel for petitioner submits that respondent/Municipal Corporation has issued notice to petitioner alleging that construction being raised by petitioner of commercial complex is unauthorized without seeking prior permission from the Corporation. In the notice, petitioner was asked to submit relevant documents within specified time. However, petitioner could not able to submit relevant documents but for the reply to the notice. He submits that by notice dated 29.09.2025, Corporation has mentioned it to be last notice or else appropriate proceedings for removal of construction would be made. 3. Learned counsel for petitioner further submits that petitioner may be provided an opportunity to submit all relevant documents in support of the reply and till the documents are submitted and considered, the respondent/Corporation be directed not to take any coercive steps against petitioner. 3 4. Learned counsel for respondents/Corporation submits that by way of multiple notice, petitioner was asked to submit documents, however, petitioner has not submitted documents till date. If petitioner wants to submit documents, then he may be permitted to submit documents within reasonable time and if such documents are submitted, it will be considered in accordance with law. 5. On due consideration on the submission of learned counsel for respective parties, this petition is allowed in part. Petitioner is granted 10 days time to submit relevant documents before the respondent/Municipal Corporation pursuant to the notice issued to him in support of the reply already stated to be submitted by petitioner on 08.09.2025 and if such documents are submitted, respondent/Municipal Corporation is further directed to consider the documents and thereafter, to pass appropriate orders granting opportunity of hearing to petitioner. 6. It is directed that if petitioner submits documents within 10 days, no coercive steps shall be taken against petitioner, till decision is taken on the reply and documents to be submitted by petitioner. 7. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram