1 2026:CGHC:4640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 339 of 2026 1 - Smt. Shyama Pujari W/o Late Shri Mahendra Prakash Pujari Aged About 76 Years R/o Pujari Bada, Jawahar Nagar, Mg Road, Raipur, Tehsil And District- Raipur (C.G.) 2 - Manish Pujari S/o Late Shri Dr. Mahendra Prakash Pujari Aged About 54 Years R/o Pujari Bada, Jawahar Nagar, Mg Road, Raipur, Tehsil And District- Raipur (C.G.) 3 - Smt. Shweta Mishra D/o Late Shri Mahendra Prakash Pujari Aged About 51 Years W/o Shri Sharad Mohan Mishra, R/o Pujari Bada, Jawahar Nagar, Mg Road, Raipur, Tehsil And District- Raipur (C.G.) Petitioners No. 1 And 3 Are Represented Through General Power Of Attorney Holder Namely Manish Pujari (Petitioners No. 2 Herein), S/o Late Shri Mahendra Prakash Pujari, Aged About 54 Years, R/o. Pujari Bada, Jawahar Nagar, Mg Road, Raipur, Tehsil And District- Raipur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan, Naya Riapur, District- Raipur (C.G.) 2 - State Of Chhattisgarh Through Its Secretary, Department Of Urban And Administration And Development Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Collector Raipur, District- Raipur (C.G.) 4 - Deputy Director Town And Country Planning, Regional Office Raipur, District- Raipur (C.G.) 5 - Ravindra Prakash Pujari S/o Late Shri B.L. Pujari Aged About 66 Years R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.01.29 10:34:05 +0530 2 6 - Narendra Prakash Pujari S/o Late Shri B.L. Pujari Aged About 64 Years R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 7 - Santosh Pujari S/o Late Shri B.L. Pujari Aged About 52 Years R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 8 - Rajesh Pujari S/o Late Shri B.L. Pujari Aged About 47 Years R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 9 - Ku. Durga Pujari D/o Late Shri B.L. Pujari Aged About 42 Years R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 10 - Smt. Chandraprabha Gond W/o Shri D.K. Gond Aged About 45 Years D/o Late Shri B.L. Pujari, R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 11 - Ku. Laxmi Pujari D/o Late Shri B.L. Pujari Aged About 41 Years R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 12 - Smt. Uma Chahal D/o Late Shri B.L. Pujari Aged About 31 Years Through Power Of Attorney Holder Shri Rajesh Pujari, R/o Pujari Niwas, Near Manju Manta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 13 - Amarganga Builders Properties Pvt. Ltd., Pachpedi Naka, Arvind Nagar Ward, Raipur, Tehsil And District- Raipur (C.G.) 14 - Smt. Sushma Pujari W/o Late Shri Ashok Pujari Aged About 68 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 15 - Shri Karan Pujari S/o Late Shri Ashok Pujari Aged About 38 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) 16 - Namrata Pujari D/o Late Shri Ashok Pujari Aged About 36 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District- Raipur (C.G.) ... Respondents (Cause title, as taken from CIS) For Petitioners : Mr. Surfaraj Khan, Advocate For State/Respondents No.1 to 4 : Mr. Shreyansh Mehta, Panel Lawyer. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 28/01/2026 3 1. Heard. 2. This petition under Article 226 of the Constitution of India has been preferred by petitioners seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue suitable writ (s), order (s), direction (s) by commanding/directing the Deputy Director, Town and Country Planning, Regional Office, Raipur (Respondent No.4) to decide the applications (Annexure P/2 & P/7) as per law, within a time frame, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondent authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 3. Learned counsel for the petitioners submits that the present petition is being preferred against the inaction of respondent authorities, particularly the illegal action of Town and Country Planning, Raipur who is not deciding the application filed by late husband/ father of the petitioners namely Dr. Mahendra Prakash Pujari in respect of land bearing khasra no. 271/3, Rakba 4.490 hectare, situated at Village- Tikrapara, Tehsil and District- Raipur with the subject matter for cancellation of development License No. 5957/P.L. 131/T&C/2000/Raipur, dated 06.07.2000, granted by the Office of Town and Country Planning, Raipur, without adhering to the rule of law and flouting the law by not deciding the application filed by the husband/ father of the petitioners, till date. 4. Per contra, learned counsel appearing for the State/respondents No.1 4 to 4 submits that firstly, the petitioners had filed WPC No.4844/2025, which was disposed of by this Court vide order dated 12.09.2025, granting liberty to the petitioners to file appropriate petition when occasion arises, then the petitioners filed substitution application dated 13.09.2025 (Annexure-P/7). Thereafter, the petitioners again filed WPC No.5068/2025, which was also rejected by the coordinate Bench vide order dated 24.09.2025 holding therein that the writ petition is not maintainable. Thereafter, the petitioners have preferred instant petition instead of challenging the order dated 24.09.2025 passed by the coordinate Bench, hence, this petition is not maintainable. 5. Perusal of record shows that petition bearing WPC No.4844/2025 was disposed of by this Court granting liberty in favour of the petitioners, thereafter, they filed substitution application dated 13.09.2025 (Annexure-P/7) and, thereafter, they again filed writ petition bearing WPC No.5068/2025 for similar relief. That petition was also dismissed by the coordinate Bench vide order dated 24.09.2025 observing therein in paragraphs No.5, 6 and 7 as under :- “5. Considering the entire facts and circumstances of the case, submissions of the counsels for the respective parties, particularly that the application (Anneuxre P/1) was filed on 24.05.2007 by the husband and father of petitioners namely Dr. Mahendra Prakash Pujari for cancelling the building development license No 5957/P.L. 131/T&C/2000/Raipur Date-06.07.2000 before Respondent No. 4 and the applicant, i.e. Dr. Mahendra Prakash Pujari died on 27.04.2025. Earlier petition bearing WPC No. 4844 of 2025 was disposed of by this Court vide its order dated 12.09.2025 with a direction to the petitioner to 5 bring on record the legal heirs of the deceased Dr. Mahendra Prakash Pujari. Also the petitioners filed the present petition 18.09.2025 which is at a very belated stage. 6. Therefore, this Court is of the considered opinion that the present petition is not maintainable for the reason being filed at a very belated stage and also there is a dispute between the private parties regarding the partition of property for which there is an alternate remedy available to the petitioners. 7. Accordingly, the present petition is dismissed as not maintainable. However, the petitioner is at liberty to pursue the matter before the respondent no. 4.” 6. Perusal of observation made by the coordinate Bench vide order dated 24.09.2025 shows that the writ petition filed by petitioners has been dismissed as not maintainable, therefore, for similar relief, the petitioners are not entitled to file instant petition, rather, they may challenge the order dated 24.09.2025 in accordance with law. 7. In view of the above, this writ petition is dismissed. 8. Pending interlocutory application(s), if any, stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar