1 2025:CGHC:3360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 339 of 2019 1 - Ashok Nishad S/o Sitaram Nishad Aged About 38 Years R/o Babli Para Ward No. 13, Tehsil And P. S. Nawagarh, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Nagar Panchayat Nawagarh Through Chief Municipal Officer District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Chief Municipal Officer Nagar Panchayat Nawagarh, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Respondents For Petitioner : Mr. Prateek Sharma, Advocate For State : Mr. Lav Sharma, PL For Respondent No. 3 : Ms. Chetna Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.01.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner, from the respondents. 10.2 That, this Hon'ble Court may kindly be pleased to set aside order dated 19.01.2019 issued by respondent Chief -2- Municipal Officer. 10.3 That, grant any other relief in favor of petitioner, which may deem fit in the given facts and circumstances of the case, in the interest of justice. 2. Mr. Sharma, the learned counsel appearing for the petitioner would submit that the permission to set up a poultry farm within Ward No.13 of Nagar Panchayat Nawagarh was granted by the Chief Municipal Officer vide order dated 04.01.2014. Mr. Sharma would further submit that respondent No.3/Chief Municipal Officer, Nagar Panchayat Nawagarh vide order dated 19.01.2019 passed an order to remove poultry farm within a period of 15 days according to the provisions of Sections 187 and 223 of the Chhattisgarh Municipalities Act, 1961. He would contend that no opportunity of hearing was afforded to the petitioner and the provisions/Sections referred to by respondent No.3 would not attract. 3. On the other hand, Ms. Chetna Sharma, the learned counsel appearing for respondent No.3 would oppose the submissions made by Mr. Sharma. She would submit that initially the petitioner was permitted to run a poultry farm within Ward No.13 but later on, objections were raised by the local residents, therefore, an order was passed to remove such poultry farm. She would further submit that if the petitioner makes a representation before respondent No.3, the appropriate decision would be taken. 4. Mr. Sharma, the learned Panel Lawyer appearing for the State would submit that there is a dispute between the petitioner and respondent No.3. 3 5. Heard learned counsel appearing for the parties and perused the documents placed on the record. 6. Taking into consideration the fact that an order has been passed by respondent No.3 to remove the poultry farm from Ward No.13 of Nagar Panchayat Nawagarh whereas permission was granted by respondent No.3 on 04.01.2014, therefore, at this stage, the petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No.3 within a period of 10 days from today and in turn, respondent No.3 is directed to consider the representation and take an appropriate decision strictly in accordance with the provisions of Sections 187 and 223 of the Municipalities Act, 1961 preferably within a period of 30 days from the date of receipt of the representation. 7. As the interim order was granted in favour of the petitioner vide order dated 05.02.2019, for a period of 40 days, the same shall remain in force. 8. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha