1 2026:CGHC:22647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2470 of 2026 Mehraban Singh S/o Late Shri Darshan Singh Aged About 55 Years R/o Quarter No. 22, Raipur Naka, Sindhi Colony, Durg Tehsil And District- Durg Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Govt. Of Chhattisgarh Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh 2 -Collector, Durg District- Durg Chhattisgarh 3 - Bhilai Municipal Corporation, Through Its Commissioner, Having Its Office At Akash Ganga Supela, G.E. Road Bhilai District- Durg Chhattisgarh 4 - Building Officer, Bhilai Municipal Corporation , Having Its Office At Having Its Office At Akash Ganga Supela, G.E. Road Bhilai District- Durg Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Ms. Mahi Pandey, Advocate. For the State : Mr. SS Choubey, GA. For the Municipal Corporation : Mr. Sharad Mishra, Advocate. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 13.05.2026 2 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the present case. 10.2 That the Hon'ble court may kindly be pleased to issue a writ, order or direction of Mandamus quashing the impugned notice dated 06.03.2026 [Annexure P-1] and Notice dated 27.04.2026 [Annexure P-2] issued to the petitioners respectively in the light of facts and circumstance of the case, in the interest of justice. 10.3 That the Hon'ble Court may kindly be pleased to issue a writ, order or direction of mandamus directing the respondent authorities to give opportunity of hearing to the petitioner in accordance with the law and to allow the petitioner to give application for regularization till then the petitioners' shop shall not be demolished and/or the Bhilai Municipal Corporation may kindly be restrained to take any coercive action against the petitioner. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which it may deemed fit and proper in the aforesaid facts and circumstances of the case. 10.5 To award full cost of the present petition against the respondent authorities.” 2. The petitioner has filed this petition challenging the order/notice Annexure P-1 & P-2 dated 06.03.2026 & 27.04.2026, whereby he (petitioner) was directed to remove the unauthorized construction. 3 3. At the outset, learned counsel for the respondent/Municipal Corporation submits that there is an efficacious alternate remedy available under the law and the petitioner has to avail such remedy under Section 307(5) of the Chhattisgarh Municipal Corporation Act, 1956, according to which, against the order of removal of the unauthorized superstructure, the petitioner has to file an application for injunction before the concerned District Court, which the petitioner has not avail. 4. At this stage, learned counsel for the petitioner submits that since the notice has been issued to the petitioner directing him for removal of unauthorized construction within 48 hours, as such, the respondent-authority concerned be directed not to take any coercive steps against the petitioner till he files an appropriate application before the concerned District Court. She further pointed out that during summer vacation the concerned Court will remain close, as such, some breathing time may be granted to the petitioner for filing of such appropriate application. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of reliefs, submissions of counsel for the parties, the instant petition stands disposed of permitting the petitioner to file an appropriate application under Section 307(5) of the Chhattisgarh Municipal Corporation Act before the concerned District Court within 30 days from the date of receipt of copy of this order. 4 7. In case such application is filed before the concerned District Court, the petitioner is further permitted to pursue the remedy available under the law before the concerned Court along-with an application for temporary injunction. 8. The respondent-Municipal Corporation is directed not to take any coercive steps against the petitioner till his application for grant of stay/temporary injunction is decided. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.