1 2026:CGHC:5945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 441 of 2026 1 - Aalamgir S/o Late Samsuddin Aged About 58 Years R/o Ward No. 11, Masjid Road, Ramanujganj, Tahsil- Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Urban Development Department, Mahanadi Bhawan, Atal Nagar, Raipur, Distt.- Raipur (C.G.) 2 - The Collector Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 3 - The Sub-Divisional Officer (Revenue) Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.) 4 - The Tahsildar Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.) 5 - The Chief Municipal Officer Municipal Council, Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.) ... Respondent(s) For Petitioner : Mr. Rahul Mishra, Advocate. For Respondents No.1 to 4/ State : Mr. Abhishek Gupta, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03.02.2026 NIRMALA RAO 2 1. The petitioner has filed this petition seeking the following reliefs: “10.1 This Hon'ble Court may kindly be pleased to quash the impugned premeditated order cum notice dated 26.12.2025 (Annexure-P/1), issued by Respondent No. 5 against the petitioner without having jurisdiction as per Section 187-A of Chhattisgarh Municipalities Act 1961. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent no. 2 to decide pending representation and further may kindly be pleased to restrain and prohibit the respondent authorities from taking any coercive action, harassment, or adverse proceedings against the petitioner for construction of his house upon the land bearing khasra no. 10/1 rakba 5 decimal situated at Ward No. 3 Ramanujganj, Distt. Balrampur Ramanujganj (C.G.). 10.3 This Hon'ble Court may kindly be pleased to pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner would submit that the Municipal Officer, Nagar Palika Panchayat, Ramanujganj exercised power under Section 187-A of the Municipalities Act, 1961 (for short ‘the Act, 1961’) which is not vested with the said authority. He would contend that the order whereby further construction of the house of the petitioner has been stayed is null and void and without jurisdiction. 3. Learned counsel for the State would submit that the order is appealable according to the provisions of Section 307 & 208 of the Act of 1961. 4. Heard. 5. Taking into consideration the submissions advanced by the respective Advocates, if the petitioner prefers an appeal before the Appellate 3 Authority within a period of 10 days from the date of receipt of a copy of this order, the Appellate Authority shall decide the said appeal, including the issue of jurisdiction, within a further period of 20 days. 6. With the aforesaid observations, the writ petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi