1 CGHC010247312026 2026:CGHC:28382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3554 of 2026 1 - Anugrah Jyoti Prophetic Church A Registered Society Under The Chhattisgarh Society Registration Act Having Its Registered Office At Behind D-Mart, Potiyakala Durg, Tehsil And Distt. Durg, Chhattisgarh, Having Registration Number 122202138928, Through Its Joint Secretary Prakash Chandra Wahaney, S/o Nagorao Wahaney Aged About 51 Years, R/o Ward No. 9 Shiv Nagar, Kumhari, P.S. Kumhari, Distt. Durg, Chhattisgarh. 2 - Shrimati Puspika Amit Kumar W/o Amit Kumar Aged About 35 Years R/o 27/2 Radhika Nagar Bhilai, P.S. Supela, Distt. Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 2 - Collector Durg, Distt. Durg, Chhattisgarh. 3 - Commissioner Municipal Corporation Durg, Distt. Durg, Chhattisgarh. 4 - Building Inspector Municipal Corporation Durg, Distt. Durg, VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Chhattisgarh. 5 - Member Secretory Distt. Regularization Authority, Municipal Corporation Durg, Distt. Durg, Chhattisgarh. 6 - Tahsildar Tahsil Durg, Distt. Durg, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Kishore Narayan, Advocate For State : Mr. Anand Dadariya, Dy. A.G. For Respondent- Municipal Corporation : Mr. Dhiraj Kumar Wankhede, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.07.2026 1. Learned counsel appearing for the Municipal Corporation submits that he has received instructions to the effect that the house in question has been illegally constructed by the petitioner. It is further submitted that, although the petitioner has submitted an application seeking regularisation of the said construction, the process of regularisation cannot be undertaken in respect of encroachment or unauthorised construction, particularly when the construction is found to be beyond the permissible extent of the petitioner's actual property. However, learned counsel submits that if the petitioner submits an appropriate application along with relevant documents before the Municipal Corporation within a period of two days, the same shall be considered and decided by 3 the competent authority in accordance with law within a period of ten days thereafter. 2. Learned counsel for the petitioner submits that at this stage, if the application submitted by the petitioner is considered and decided by the respondent Municipal Corporation in accordance with law, the petitioner has no objection to the same. It is further submitted that an appropriate order may be passed by the respondent Municipal Corporation after considering the petitioner's application on its own merits. Learned counsel, however, submits that till the decision on the petitioner's application is taken by the competent authority, the respondent Municipal Corporation may not proceed with any coercive action, including demolition of the petitioner's structure. 3. I have heard learned counsel for the parties and perused the material available on record. 4. Considering the submissions made by learned counsel for the parties and the statement made by learned counsel appearing for the Municipal Corporation that, if the petitioner submits an appropriate application along with relevant documents within a period of two days, the same shall be considered and decided by the competent authority in accordance with law, this Court finds it appropriate to dispose of the present writ petition with the following directions that the petitioner shall submit an appropriate application along with all relevant documents before the 4 respondent Municipal Corporation within a period of two days from today. Upon receipt of such application, the competent authority of the Municipal Corporation shall consider and decide the same on its own merits, strictly in accordance with law, within a period of ten days thereafter, after affording due opportunity of hearing to the petitioner. 5. Till the decision on the application submitted by the petitioner is taken by the competent authority, the respondent Municipal Corporation shall not take any coercive action, including demolition of the structure in question. 6. With the aforesaid observations and directions, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge vishakha