1 2026:CGHC:26505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3232 of 2026 Smt. Prabha Kashyap W/o Late Shri Ramadhar Kashyap Aged About 54 Years Resident Of Village Ghuru, Yadunandan Nagar Ghuru Road, Tifra, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mahanadi Bhawan Nava Raipur Atal Nagar, District Raipur (C.G.) 2 - The Commissioner Municipal Corporation Bilaspur , Vikas Bhawan, Nehru Chowk, Bilaspur District Bilaspur (C.G.) 3 - The Building Officer, Municipal Corparation Bilaspur , Vikas Bhawan, Nehru Chowk, Bilaspur District Bilaspur (C.G.). ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Ashutosh Shukla, Advocate. For the State : Mr. Amit Naik, PL. For the Municipal Corporation : Mr. Aniruddha Shrivastava, Advocate on behalf of Mr. SS Baghel, Advocate. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 30.06.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: 2 “RELIEF SOUGHT: 10.1 Quash the Impugned Notice dated 23/03/2026 (Annexure P-2) issued by Respondent No. 3 as illegal, arbitrary, and void. 10.2 Direct the Respondent No. 2 to objectively consider and decide the Petitioner's pending representation dated 15/04/2026 (Annexure P-5) on its merits by affording a reasonable opportunity of personal hearing and directing proper boundary a demarcation, before taking any coercive steps. 10.3 Any other relief(s) which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be granted to the Petitioner.” 2. Learned counsel appearing for the petitioner submits that respondent No.3 has issued a removal/eviction notice on 23.03.2026 giving 03 days to remove an alleged unauthorized construction/fencing on government land bearing Khasra No. 565 at Village Ghuru, Bilaspur. The impugned notice was issued in the name of Ramadhar Kashyap (husband of petitioner), who had already passed away in the year 2024 prior to issuance of notice and this fact has been brought to the knowledge of the concerned Authority of the Municipal Corporation, however, neither they are taking any appropriate steps/procedure nor doing anything and they are continuously harassing the petitioner for dismissal of the house and Badi which has been constructed on land bearing Khasra No. 565 at Village Ghuru, Bilaspur. Hence, petitioner has 3 came-up before this court with above prayer/reliefs. 3. Learned counsel appearing on behalf of the State as well as learned counsel for Municipal Corporation submit that respondent- authorities will not insist upon the alleged notice as the person against whom the notice was issued has already been expired. The concerned authority shall issue a fresh/appropriate notice in accordance with the procedure prescribed by law. 4. Heard learned counsel for the parties and perused the pleadings of the writ petition. 5. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the material available on record, this Court finds that the impugned notice dated 23.03.2026 was issued in the name of Ramadhar Kashyap, the petitioner's husband, who had admittedly expired prior to the issuance of the said notice. 6. Consequently, the impugned notice dated 23.03.2026 cannot be sustained in the eyes of law and is accordingly quashed/set aside. However, this order shall not preclude the competent authorities from initiating appropriate proceedings by issuing a fresh/appropriate notice strictly in accordance with law. In the event such a notice is issued, the concerned authorities shall duly consider the reply submitted by the affected person, afford a reasonable opportunity of hearing, and thereafter pass an appropriate order in accordance with law. 4 7. With the aforesaid observations and directions, the present writ petition stands disposed of. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.