1 2026:CGHC:19259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1986 of 2026 1 - Smt. Tanya W/o Shri Chitendra Singh Aged About 36 Years R/o Parijaat Extension, Ward No. 19, Police Station Civil Lines, Tehsil And District Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Urban Administration And Development Department, Block-D Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Collector Bilaspur District Bilaspur Chhattisgarh 3 - Commissioner Municipal Corporation Bilaspur, Office At Nehru Chowk, Bilaspur District Bilaspur Chhattisgarh 4 - Zone Commissioner (Zone No. 3) Municipal Corporation Bilaspur Office At Town Hall, Bilaspur Chhattisgarh 5 - Shri Gyanendra Rai S/o G S Rai Aged About 56 Years R/o Sr. M.I.G. 48, Parijaat Extension, Ward No. 19, Police Station Civil Lines, Tehsil And District Bilaspur Chhattisgarh 6 - Smt. Smita Rai W/o Shri Gyanendra Rai Aged About 55 Years R/o VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Sr. M.I.G. 48, Parijaat Extension, Ward No. 19, Police Station - Civil Lines, Tehsil And District Bilaspur Chhattisgarh 7 - Ahana Rai D/o Shri Gyanendra Rai Aged About 28 Years R/o Sr. M.I.G. 48, Parijaat Extension, Ward No. 19, Police Station - Civil Lines, Tehsil And District Bilaspur Chhattisgarh 8 - Mitali Rai D/o Shri Gyanendra Rai Aged About 26 Years R/o Sr. M.I.G. 48, Parijaat Extension, Ward No. 19, Police Station - Civil Lines, Tehsil And District Bilaspur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Amit Xalxo, Advocate For State :- Mr. Abhishek Gupta, P.L. For Respondents No. 3 & 4 :- Mr. Bharat Sharma, Advocate on behalf of Mr. S.S. Baghel, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.04.2026 1. By way of the present writ petition filed under Articles 226 & 227 of the Constitution of India, the petitioner has approached this Court seeking appropriate directions to the respondent authorities to take action on her pending application/complaint dated 02.02.2026 submitted before Respondent No. 3 and 4 with regard to alleged illegal encroachment over a public drainage and the nuisance caused thereby. 3 2. The case of the petitioner, in brief, is that she is a resident of Parijaat Extension, Bilaspur, where a public drainage exists in front of her house. It is alleged that Respondent No. 5 to 8 have encroached upon the said drainage by raising construction, including a platform and tank, thereby obstructing the natural flow of drainage water. It is further alleged that stray dogs are being kept at the said encroached site, resulting in nuisance, unhygienic conditions, and potential health hazards to the residents of the locality. The petitioner submits that despite submitting a detailed complaint dated 02.02.2026 before the competent authorities, no action has been taken till date, compelling her to approach this Court. 3. Following reliefs have been prayed by way of this petition:- “10.1 That, Respondent No.2(Collector) often supervising the municipality's functioning on behalf of the state government. Therefore it may be directed to Respondent No.2 to look into the matter and resolve the grievance as prayed in the Application/Complaint made before Respondent No.3 and 4. 10.2 That, the Hon'ble Court be pleased to direct Respondent No.3 (Commissioner Municipal Corporation Bilaspur), and Respondent No. 4 (Zone Commissioner, Zone-3 Municipal Corporation Bilaspur) to consider and take necessary action on the 4 Application/Complaint dated 02.02.2026 made by the Petitioner in any stipulated time period. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 4. Learned counsel for the petitioner submits that the grievance of the petitioner is limited and at this stage, the petitioner would be satisfied if a direction is issued to the competent authority to consider and decide the pending application/complaint dated 02.02.2026 within a time-bound manner. 5. On the other hand, learned State counsel also submits that the competent authority shall examine the grievance of the petitioner and take necessary steps in accordance with law. 6. Learned counsel appearing for Respondent No. 3 and 4 submits that the authorities shall consider and decide the pending application/complaint of the petitioner within a short period and take appropriate action in accordance with law, after redressing the grievance of the petitioner in a pragmatic manner. 7. I have heard learned counsel for the parties and perused the material available on record. 8. On perusal of the record, this Court is of the considered view that the grievance of the petitioner pertains to non-consideration of her application/complaint by the competent authority. Without expressing any opinion on the merits of the case, it would be 5 appropriate to direct the competent authority to consider and decide the pending application/complaint of the petitioner in accordance with law. 9. Accordingly, the writ petition is disposed of with a direction to Respondent No. 3 (Commissioner, Municipal Corporation, Bilaspur) and Respondent No. 4 (Zone Commissioner, Zone No. 3, Municipal Corporation, Bilaspur) to consider and decide the application/complaint dated 02.02.2026 submitted by the petitioner. The aforesaid exercise shall be carried out as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order. While deciding the same, the authorities shall take into consideration the grievance raised by the petitioner and pass a reasoned and speaking order in accordance with law. 10. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall decide the matter independently. 11. With the aforesaid observations and directions, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha