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2026 DAILYLAW 10936 (CHH)

RAGUVEER SINGH RATHORE v. STATE OF CHHATTISGARH

WPC/1721/2026 · 2026-04-19

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2026:CGHC:17836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1721 of 2026 1 - Raguveer Singh Rathore S/o Shri A.R Rathore Aged About 62 Years R/o Muktid- ham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 2 - Venkat Subramanyam Shastri S/o Shri C.S.R Gopalam Aged About 62 Years R/o Muktidham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 3 - Pushpa Golait S/o Shri Narayan Singh Golait Aged About 81 Years R/o Muktid- ham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 4 - Buddheshwar Jaiswal S/o Shri Bhagirathi Jaiswal Aged About 41 Years R/o Muk- tidham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 5 - Mamta Rathore D/o Shri Raghuveer Prasad Rathore Aged About 33 Years R/o Muktidham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 6 - R.K. Dubey S/o Shri Shanti Prakash Dubey Aged About 66 Years R/o Muktidham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 7 - Chhaya Ghosh W/o Shri Anil Kumar Ghosh Aged About 66 Years R/o Muktidham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 8 - Mahendra Singh S/o Shri Narayan Singh Aged About 60 Years R/o Muktidham Chowk, Bengalipara, New Sarkanda, Bilaspur (C.G.) 9 - Subhash Soni S/o Late Jagdish Soni Aged About 45 Years Address- Sonika Jew- ellers, Opposite Khan Bada, New Sarkanda, Bilaspur (C.G.) ... Petitioner(s) versus AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.04.22 11:04:04 +0530 2 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue And Disaster Management Department, Mantralaya, New Raipur Distt. Raipur (C.G.) 2 - The Secretary Urban Administration And Development Department, Mantralaya, New Raipur, Distt. Raipur (C.G.) 3 - The Secretary Home Department, Mantralaya, New Raipur Distt. Raipur (C.G.) 4 - Collector District Bilaspur (C.G.) 5 - Sub-Divisional Officer (Revenue) Bilaspur (C.G.) 6 - Commissioner Municipal Corporation, Bilaspur (C.G.) 7 - Tehsildar Bilaspur (C.G.) 8 - Zone Commissioner Zone No. 08, Municipal Corporation, Bilaspur (C.G.) 9 - Superintendent Of Police Bilaspur (C.G.) 10 - Officer In-Charge Police Station Sarkanda, Bilaspur (C.G.) 11 - Rajesh Guruwani S/o Shri Mohan Lal Guruwani, R/o Tirthani Gali, Opposite Parwati Tower, New Sarkanda, Bilaspur (C.G.) 12 - Aasha Guruwani W/o Shri Rajesh Guruwani R/o Tirthani Gali, Opposite Parwati Tower, New Sarkanda, Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Sunil Kumar Soni, Adv. For Respondents No. 1 to 5, 7, 9, 10 : Mr. Shreyansh Mehta, PL For Respondents No. 6 and 8 : Mr. Bharat Sharma, Adv. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 20-4-2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- 1. That this Hon'ble Court be pleased to hold that action 3 on the Part of the Respondent Authorities is in Patent Violation of Article 14, 21, of the Constitution Of India & also ververse to Statutory Provision of Municipal Corporation Act & C.G Land Revenue Code. 2. That this Hon'ble Court may Kindly be pleased to direct Respondent Authorities especially Municipal Corporation to restore the demolished doundary wall/restore the boundary wall to its original condition at the Corporation's Expenses. 3. That this Hon'ble Court may Kindly be Pleased to issue appropriate direction to the Respondent State Authorities to conduct appropriate action against the erring efficials on whose instruction, misfeasance has been done. 4. That this Hon'ble Court may Kindly imposed heavy cost upon the Respondent Authorities especially Respondent Municipal Corporation who is responsible for the Illegal Act. 5. Any Other Relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the Petitioners together with cost of the Petition. 2. Learned counsel for the petitioners submits that, respondents No. 11 and 12 are already having their own way from other side i.e. Sthaniya Gali opposite Parvati Tower, Sarkanda, Bilaspur to enter in their house but they in connivance with Municipal Officers demolished more than 50 years old brick wall illegally. Learned counsel further submits that, the petitioners filed application Annexure P-4 dated 17-2-2026 before the Municipal Corporation, Bilaspur, but the same has not been decided yet. Hence he prays that, this wit petition may be disposed of directing 4 the Commissioner/respondent No. 6 to decide the application Annexure P-4 filed by the petitioners within stipulated period. 3. Learned counsel appearing for respondents No. 6 and 8 would submit that alleged brick wall was constructed on public road which is behind the house of respondents No. 11 and 12. He also submits that, after service of due notice, said illegally constructed wall has been demolished. However, he submits that, application Annexure P-4 filed by the petitioners shall be decided by the Commissioner/respondent No. 6 in accordance with the law. 4. Learned counsel appearing for the State also supported the contention made by learned counsel for respondents No. 6 and 8. 5. Having considered the limited grievance of the petitioners, without entering into the merits of the case, this writ petition is disposed of directing the respondent No. 6 to decide application Annexure P-4 dated 17-2-2-26 in accordance with law, as early as possible preferably within a period of 60 days from the date of receipt of copy of this order. 6. With the above observations and directions, this writ petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak