Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 23094 (CHH)

CHHOTELAL YADAV v. STATE OF CHHATTISGARH

WPC/3031/2026 · 2026-06-22

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:25599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3031 of 2026 1 - Chhotelal Yadav S/o Shri Bhukhau Yadav Aged About 65 Years R/o Near Bajrang Panchayat Mandir Magarpara Bilaspur District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Urban Administration And Development Department Mantralaya Mahanadi Bhawan Atal Nagar, Naya Raipur, District- Raipur C.G. 2 - Collector Bilaspur District- Bilaspur (C.G.) 3 - Commissioner Nagar Palik Nigam Vikas Bhawan Nehru Chowk Bilaspur District- Bilaspur (C.G.) 4 - Building Officer Nagar Palik Nigam Vikas Bhawan Nehru Chowk Bilaspur District- Bilaspur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Mr. Abdul Moin Khan, Advocate For State :- Mr. Anand Dadariya, Dy. A.G. For Respondent 3 & 4 :- Mr. Pranjal Shukla, Advocate 2 ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 23.06.2026 1. The petitioner has approached this Court being aggrieved by notice dated 01.01.2026, whereby he was directed to appear before the Zonal Commissioner, Nagar Nigam, Bilaspur along with relevant documents in respect of the alleged unauthorized construction raised by him. It is the case of the Municipal Corporation that the petitioner had undertaken construction without obtaining any permission from the competent authority, and as such the same is illegal and in violation of the applicable municipal laws and regulations. It is further submitted that subsequently another notice dated 22.05.2026 has also been issued in continuation of the earlier notice and proceedings. 2. Following reliefs have been prayed in this petition:- “10.1. That, the Hon'ble Court may kindly be pleased to pass and order to set aside / quash the impugned notice dated 22.05.2026 (Annexure P4). 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authority to consider the reply of the petitioner (Annexure P3) and if any minor violation / irregularity exist,allow the regularization as per rules, without taking any coercive step. 10.3. That, the Hon'ble Court may kindly be pleased to direct the respondent authority not to take any coercive step against the petitioner. 3 10.4. That, the Hon'ble Court may kindly be pleased to direct the respondent authority to follow the due process of law in deciding the matter. 10.5. That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner has already filed a reply on 02.01.2026 itself; however, the same has not been considered nor any order has been passed thereon. It is further submitted that despite the said reply, a subsequent notice dated 22.05.2026 has been issued, constraining the petitioner to approach this Court by way of the present petition. 4. Learned counsel appearing for the respondent–Municipal Corporation submits that the earlier reply submitted by the petitioner was vague and was not supported by any relevant documents. It is further submitted that, in view of the notice dated 22.05.2026, the petitioner may file a fresh reply along with all relevant documents as required therein, and if such reply along with documents is submitted, the same shall be considered and decided by the competent authority strictly in accordance with law. 5. I have heard the learned counsel for the parties and perused both the notices as well as the reply which the petitioner has filed. 6. Upon perusal of the record and considering the submissions made by learned counsel for the parties, this Court is of the opinion that the petitioner is required to file an appropriate reply along with relevant documents, photographs, etc. before the Zonal 4 Commissioner, Nagar Nigam, Bilaspur. Accordingly, the petitioner is directed to file his reply along with all relevant documents within a period of 10 days. Upon receipt of such reply, the Zonal Commissioner shall consider the same and pass an appropriate order in accordance with law within a period of 30 days thereafter. 7. It is further directed that till the decision is taken on the petitioner’s reply, the respondent authorities shall not take any coercive action against the petitioner pursuant to the impugned notice(s). 8. With the aforesaid directions, the petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha