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2026 DAILYLAW 19908 (CHH)

SHYAMLAL MOTWANI v. STATE OF CHHATTISGARH

WPC/2575/2026 · 2026-05-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:23296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2575 of 2026 1 - Shyamlal Motwani S/o Brijlal Motwani Aged About 61 Years R/o Near Hanuman Mandir, School Road, Ambikapur, District Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur (C.G.) 2 - District Antyavasayi Cooperative Development Committee Ambikapur, District Surguja (C.G.) Through Its Collector Office Ambikapur, District- Surguja (C.G.) 3 - Sub-Divisional Officer Cum Competent Authority Under Lok Parisar Bedakhli Adhiniyam, Ambikapur, District Surguja (C.G.) 4 - Chhattisgarh State Antyavasayi Sahakari Vitt Evam Vikas Nigam Through Its Managing Director, Raipur, District- Raipur (C.G.) 5 - District Antyavasayi Cooperative Development Committee 2 Ambikapur, District Surguja (C.G.), Through Its Executive Officer, Ambikapur District Surguja (C.G) ... Respondent(s) For Petitioner(s) : Mr. Anurag Singh, Advocate For Respondent/State For Respondent No. 4 & 5 : : Mr. Anand Dadariya, Dy. A.G. Mr. Rakesh Jha, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 15/05/2026 1. By way of this petition, the petitioner has prayed for the following reliefs: 10.1 That, the Hon’ble Court may kindly be pleased to issue writ, direction or order to quash the impugned order dated 05.05.2026 passed in Miscellaneous Case No. 92/B-121/2025-26 by respondent no. 3 under Section 5(1) of the Chhattisgarh Public Premises (Eviction of Unauthorized Occupants) Act, 1974. 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ, order or direction to call for records pertaining to appointment/authorization of respondent no. 3 as Competent authority under the Act, 1974. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief which is deemed fit and proper in the aforesaid facts and circumstances of the case. 2. Learned counsel for the petitioner submits that respondent no. 3 3 has passed the impugned order dated 05.05.2026 under Section 591) of the C.G, Public Premises (Eviction of Unauthorized Occupants) Act, 1974 in Miscellaneous Case No. 92/B-121/2025 and directed the petitioner to vacate Shop No. 8 (Pooja Murti Bhandar) situated near Ghadi Chowk, Ambikapur, District- Sarguja within 3 days. 3. Learned State counsel and counsel for respondent no. 4 and 5 submits that there is alternate remedy available to the petitioner. Therefore, the present petition is not maintainable and is liable to be dismissed. 4. I have heard learned counsel for the respective parties and perused the records. 5. Considering the facts and circumstances of the case, submissions of the counsels for respective parties, learned counsel for the petitioner is directed to avail the alternate remedy available under the law against the order dated 05.05.2026 within 10 days from the date of receipt of copy of this order. Till then, it is directed that the respondent authorities shall not take any coercive step against the petitioner. 6. With the aforesaid direction, the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Madhurima