Extracted from the PDF above. The PDF is authoritative.
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CGHC010247232026
2026:CGHC:27915
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3482 of 2026 1 - Diya Menghani W/o Neeraj Kumar Menghani Aged About 35 Years R/o House No. 18/118 3 Ward No. 50, Village Amlidih, Tehsil And District- Raipur (C.G.)
... Petitioner(s) versus 1 - Municipal Corporation Raipur Through Commissioner, At White House,
Near
Rang
Mandir,
Kalibadi,
Raipur
(C.G.) 2 - Zone Commissioner, Zone 10, Raipur Municipal Corporation At Near Amlidih Community Hall Water Tank, Raipur (C.G.)
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Mr. Vinay Nagdev, Advocate For Respondents :- Mr. Pankaj Agrawal, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 07.07.2026
1. Learned counsel for the petitioner submits that under the provisions of the Municipal Corporation Act, the petitioner has an efficacious remedy of filing an appeal against the order dated VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 05.06.2026 passed against him. It is submitted that the petitioner intends to avail the said statutory remedy and file an appropriate appeal before the competent authority under the Municipal Corporation Act. However, in view of the notice dated 19.06.2026, whereby it has been stated that the alleged excess construction shall be removed, the petitioner has approached this Court seeking some breathing time to enable him to file the appropriate appeal. Learned counsel submits that the petitioner may be granted reasonable time to avail the statutory remedy available to him.
2. Learned State counsel appearing for the respondents submits that against the order dated 05.06.2026, the petitioner has an efficacious statutory remedy of filing an appeal before the competent authority under the provisions of the Municipal Corporation Act. Therefore, the present writ petition is not maintainable at this stage.
3. Considering the aforesaid submissions advanced by learned counsel for the petitioner, the petitioner is granted 10 days' time from today to avail the statutory remedy and file an appropriate appeal before the competent authority.
4. It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned Municipal Corporation shall be at liberty to proceed in accordance with law and pass
3 appropriate reasoned order after taking into consideration the remedy availed by the petitioner.
5. With the aforesaid observation, the writ petition stands disposed of.
sd/- (Amitendra Kishore Prasad) Judge Vishakha