1 2026:CGHC:25867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2847 of 2022 1 - Smt. Shehnaz Sheikh W/o Syed Fariyad Ali Rizvi, Aged About 45 Years R/o Qr. No. HIG-08 Nehru Nagar Korba, Tahsil-Korba, Police Station Kotwali Korba, District : Korba, Chhattisgarh 2 - Syed Fariyad Ali Rizvi S/o Late Shri Mashru Hussain, Aged About 59 Years, R/o Qr No. HIG-08 Nehru Nagar Korba Tahsil-Korba, Police Station Kotwali, Korba, District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, New Raipur Chhattisgarh 2 - The Collector Korba, District : Korba, Chhattisgarh 3 - The Tahsildar (R) Korba, District : Korba, Chhattisgarh 4 - The Commissioner - Municipal Corporation Korba, District : Korba, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Ashutosh Shukla, Advocate For Respective Respondents : Mr. Pankaj Agarwal, Advocate and Mr. Amit Nayak, Panel Lawyer SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.06.27 11:03:46 +0530 2 SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/06/2026 1. Heard. 2. By way of this petition, the petitioner seeks the following reliefs : 10.1That the Hon'ble Court may kindly be pleased to issue a writ of prohibition, prohibiting the respondent No 04 to immediately stop the construction of Drain (Nala) in the land of Petitioner Khasra No 230/1/क area 0.56 Acres and Khasra No 230/1/ख area 0.57 Acres total area 1.13 Acres which belongs to the petitioners jointly. 10.2 That, the Hon'ble Court may kindly be pleased to issue a writ directing the municipal corporation Korba to carry out the drain construction in alternative Govt Land Khasra No 227 which is adjacent to the land of the petitioners. 10.3 That, the Hon'ble Court may kindly be pleased to issue a writ directing the municipal corporation Korba to provide compensation to the petitioners for illegal construction in the private land of the petitioners. 10.4 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case. 3. Learned counsel for the respondent-Municipal Corporation submits that he has filed return along with a report by the Executing Engineer, Municipal Corporation, Korba, wherein the concerned officer has intimated that the drainage work has been stopped. It was further intimated that there is no future drainage project planned for the land of the petitioner. The return is duly supported with an affidavit of NK Nath, Executive Engineer, Municipal Council, Korba. He submits that in view of the above, 3 the petition has become infructuous. 4. Considering the aforesaid aspects of the matter, particularly considering the return filed by the Respondent-Municipal Corporation duly supported with an affidavit filed by the Executive Engineer, Municipal Corporation, Korba, as also the report annexed thereto, this Court is of the view that nothing further remains to be adjudicated in this petition at this stage. 5. It is pertinent to mention here that an interim relief was also granted by this Court vide order dated 11.7.2022 in the instant case. 6. Accordingly, in view of the submissions advanced by learned counsel for the Respondent-Municipal Corporation and the return of the Corporation filed on record, the Writ Petition is disposed of, as having become infructuous. However, liberty is reserved in favour of the petitioner to revive his prayer by filing an appropriate petition in the event any fresh cause of action or exigency arises in future. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay