1 2025:CGHC:58812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6319 of 2025 1 - Adesh Kumar Jain S/o Late Mahavir Jain Aged About 38 Years R/o Bazar Chowk, Utai, District Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Capital Complex, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, (C.G.) 2 - Chief Municipal Officer Nagar Panchayat Utai, District Durg (C.G.) 3 - Narendra Sahu S/o Yashwant Sahu Aged About 44 Years Husband Of Smt. Saraswati Sahu President Nagar Panchayat Ward No. 2, Indira Nagar, Utai District Durg (C.G.) --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. T.K. Jha, Advocate For State/Respondents No.1 : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 04/12/2025 1. Learned State counsel raises an objection that petitioner is having efficacious alternate remedy against the notice issued to petitioner BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.04 17:21:02 +0530 2 under the provisions of Section 308 of the Chhattisgarh Municipalities Act, 1961. 2. Learned counsel for petitioner submits that in view of the objection raised by learned State counsel, he may be permitted to withdraw this writ petition with liberty to avail the other alternate remedy available to petitioner. He however, submits that as the respondents have issued notice for removal of construction of petitioner on the subject land, some interim protection may be granted for limited period enabling petitioner to approach before the competent authority under the Act of 1961. 3. On due consideration on the submission of learned counsel for petitioner, this writ petition is disposed of reserving liberty with petitioner to avail efficacious alternate remedy available under the Act of 1961. However, considering the nature of grievance raised and the prayer made by learned counsel for petitioner, it is directed that no coercive steps shall be taken against petitioner for a period of 10 days from today. 4. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram