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2026 DAILYLAW 22890 (CHH)

BHAWANI SHANKAR SONARIYA (Died through LRS) v. STATE OF CHHATTISGARH

WPC/770/2021 · 2026-06-17

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:24747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 770 of 2021 1 - Bhawani Shankar Sonariya (Died Through Lrs) As Per Honble Court Order Dated 30-06-2025. 1.1 - Seeta Devi Sonariya W/o Gangacharan Sonariya Aged About 58 Years R/o Ward No. 23, Shani Mandir Road, Raigarh, District Raigarh, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh. 2 - The Municipal Corporation Raigarh Through Its Commissioner, Having Office At Nagar Nigam Building, Raigarh, District- Raigarh, Chhattisgarh. --- Respondent(s) (Cause title is taken from CIS system) For Petitioner : Mr. Imran Ahmad Khan on behalf of Mr. Ishan Verma, Advocate For Respondent/State No.1 : Mr. Karan Baharani, P.L.. For Respondent No.2 : Mr. H.B. Agrawal, Sr. Advocate with Ms. A. Sandhya Rao, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 18/06/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10. (i) That, this Hon'ble Court may kindly be pleased to allow the present writ petition and direct the BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 Respondents to produce entire records pertaining to the present case for its kind perusal. 10.(ii) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction to Respondents more particularly to Respondent No. 2 by directing him to submit a detailed plan with respect to grant of just and fair compensation as well as adequate alternative arrangement for the Petitioner before implementation of any development plan near Shaheed Chowk, Raigarh, (C.G.). 10.(iii) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction to Respondents more particularly to Respondent No. 2 by directing them to not proceed with the demolition of petitioner shop for implementation of any development plan near shaheed Chowk Raigarh, (C.G.), till the pendency of this writ petition before the Hon'ble Court. 10.(iv) That, any other order/relief which this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice & equity. 10.(v) That, the cost of the petition may kindly also be awarded to the petitioner. 2. This Court while hearing the writ petition on admission has considered the submission and has granted interim relief in favour of petitioner on 03.02.2021. Relevant portion of the interim order is extracted below for ready reference. “Primarily considering the fact that the petitioner was granted a lease of area of 800 sq. feet by Annexure P/1, it is directed that the petitioner shall not be forcefully removed from the possession of 800 sq. feet for which the lease was granted, till the next date of hearing.” 3 3. Today learned senior counsel appearing on behalf of respondent No.2 on instructions submits that respondent No.2 undertakes that no forceful dispossession will be initiated against petitioner. He also submits that if any action is to be taken against petitioner for dispossession in any manner, respondent No.3 will issue 15 days prior show cause notice. He also submits that this writ petition has been filed only on apprehension as at that relevant point of time also, no action was proposed against petitioner. 4. On due consideration on the submission of learned counsel for respective parties, this writ petition is disposed of on the submission made by learned senior counsel appearing on behalf of respondent No.2 with a direction to respondent No.2 not to take forceful action against petitioner and if any action is to be taken against petitioner, then by giving 15 days prior show cause notice. 5. With the aforesaid observations, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram