1 2025:CGHC:20324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1257 of 2021 1 - Smt. Amrit Bai W/o Shri Chetan Lal Sahu Aged About 56 Years R/o Ward No. 15, Nagar Panchayat Bhakhara, Tahsil Bhakhara, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Nagriya Prashashan And Vikas Vibhag, Mantralaya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 3 - Tahsildar Tahsil Bhakara, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Station House Officer Thana Bhakhara, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Nagar Panchayat Bhakhara Through Its Chief Municipal Officer, Nagar Panchayat, Bhakhara, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 6 - Chief Municipal Officer Nagar Panchayat Bhakhara, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 7 - President Nagar Panchayat Bhakhara, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondents For Petitioner : None appears even in two rounds For State : Mr. R.S. Marhas, Additional A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.05.2025 1. The petitioner has filed this petition seeking the following relief(s) : -2- (i) quash/set aside the notice dated 23/11/2020 Annexure. P/7, notice dated 27/1/21 Annexure P/8 and notice dated 9/2/21 Annexure P/9, issued by the respondent no. 6 in the interest of justice. (ii) direct the respondents to consider the application dated 22/2/21. (iii) Any other relief which this Hon'ble court deems fit and proper under the fact and circumstances of the case and in the interest of justice. The cost of the petition may be awarded in favour of the petitioner.” 2. It appears that notices were issued to the petitioner to remove encroachment from Nazul land by the Chief Municipal Officer, Nagar Panchayat, Bhakhara according to the provisions of Sections 187 and 223 of the Chhattisgarh Municipalities Act. The petitioner instead of filing reply to show cause notice, filed this petition. It is stated by the petitioner in the writ petition that he is in occupation of land bearing Survey No.672 which is a abadi land wherein house has been constructed. It is also pleaded that the plot was purchased by the petitioner in the year 2007 and he is paying regular taxes to the municipalities. He would pray to quash the show cause notice. 3. On the other hand, Mr. Marhas, learned Additional Advocate General appearing for the State would oppose. He would submit that the petitioner has remedy to approach the authority concerned by submitting relevant documents. 4. Heard the learned counsel appearing for the State and perused the documents placed on record. 5. Taking into consideration the dispute involved in the present case, the petition is disposed of reserving liberty in favour of the petitioner to submit relevant documents along with reply to show cause notice before the authority concerned and in turn, the said 3 authority is directed to decide it strictly in accordance with law. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha