1 2026:CGHC:38 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6640 of 2025 1. Pradeep Jaiswal S/o Late Bholashanker Jaiswal Aged About 45 Years President Sanskardhani Thok Sabji Vikreta Sangh Add. Shop No. 13, Mandi Premises , Basanpur, Rajnandgaon, Tahsil And District- Rajnandgaon (C.G.) ... Petitioner versus 1. Chhattisgarh State Krishi Vipdan Mandi Board, Raipur (C.G.) 2. The Collector Rajnandgaon (C.G.) 3. Krishi Upaj Mandi Samiti Rajnandgaon Through Officer In Charge Basantpur Rajnandgaon Tahsil And District - Rajnandgaon (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Rakesh Kumar Thakur, Advocate For Respondent(s) No. 1 and 3 : Mr. Navoday Singh, Advocate on behalf of Mr. Yashwant Thakur, Advocate For State : Ms. Poorva Tiwari, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 02.01.2026 1. The petitioner who is claiming himself to be President of Sanskardhani Thok Sabji Vikreta Sangh, Sabji Mandi, Basantpur, District - Rajnandgaon (C.G.) has filed this writ petition under Article 226 of the Constitution of India and has prayed for following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records in respect of the present case. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders to the MANISH YADAV Digitally signed by MANISH YADAV Date: 2026.01.02 16:48:59 +0530 2 Respondents to stop the construction and demolish the construction raised in the parking area. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Brief facts as reflected from the record are that the petitioner is objecting construction of shops in the parking area which has to be constructed by the Krishi Upaj Mandi for allotment of the shops on the count that the transportation of vehicles carrying vegetables will be adversely affected. 3. Learned counsel for the petitioner would submit that earlier also he has filed a writ petition before this Court bearing WP(C) No. 4613/2025, wherein this Court vide order dated 10.09.2025 has directed the petitioner to avail the remedy under Section 302 of the Municipal Corporation Act. In pursuance of that direction, he has preferred the representation before the Municipal Corporation, Rajnandgaon (C.G.) and the said representation has been rejected by the Municipal Corporation Rajnandgaon on the count that as per Section 9 of the Chhattisgarh Krishi Upaj Mandi Act, 1972, the Municipal Corporation Act is not applicable to them and exempted from the applicability of the Chhattisgarh Krishi Upaj Mandi Act, 1972. He would further submit that since the construction in the parking area is being carried out, therefore, it is illegal and would prayed for quashing the decision of the Krishi Upaj Mandi Samiti Rajnandgaon/respondent No. 3 regarding construction of shops. 4. On the other hand, learned counsel for respondent No. 3 would submit that the provisions of Municipal Corporation Act is not applicable and the shops are being constructed for allotment of 3 shops to the villagers so that the avenues of common man to earn their livelihood is being increased. It has also been denied that the construction is carried out in the parking area as there is no notified area which is being used as parking area and the businessmen are illegally using the place as parking area. Thus, he would pray for dismissal of the writ petition. 5. I have heard learned counsel for the parties and perused the record annexed with the writ petition. 6. This writ petition is liable to dismissed on two counts, one is the petitioner is claiming himself to be President of the Sanskardhani Thok Sabji Vikreta Sangh, Sabji Mandi, Basantpur, District - Rajnandgaon (C.G.), but he has neither filed any resolution of the Union to spouse the grievances of his members before this Court and even the bylaws or a list of elected registered office bearer of the so called Sangh is also not placed on record, thus the petitioner has no locus standi to challenge the same. Even otherwise, it is a policy decision of Krishi Upaj Mandi to construct the shops and no documents have been placed on record by the petitioner to demonstrate that the area is notified parking area used for transporting of vehicles carrying vegetables and it is merely allegation of affecting the convenience which has been enjoying by the petitioner without any legal foundation, as such, the writ petition is liable to be dismissed and accordingly it is dismissed. Sd/- (Narendra Kumar Vyas) Judge Manish