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2026 DAILYLAW 26532 (CHH)

MOHAMMAD KHALIQ v. STATE OF CHHATTISGARH

WPC/3052/2021 · 2026-07-05

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010180252021 2026:CGHC:27872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3052 of 2021 1. Mohammad Khaliq S/o Mohammad Latif, Aged About 67 Years R/o Plot No. 83, Kailash Nagar, Bhilai, District Durg Chhattisgarh. 2. Dilip Kumar Sahu S/o Gaitram Sahu Aged About 45 Years Nandu Kirana Store, Son Darshan Mandir Camp, Tehsil And District Durg Chhattisgarh. 3. Suchchain Singh S/o Karnail Singh, Aged About 53 Years Transport Nagar, Bhilai, Tehsil And District Durg Chhattisgarh. 4. Baljindar Singh S/o Gurudayal Singh Aged About 57 Years Transport Nagar, Bhilai, Tehsil And District Durg Chhattisgarh. 5. Balwindar Kour W/o Suchchain Singh Aged About 55 Years Transport Nagar, Bhilai, Tehsil And District Durg Chhattisgarh. --- Petitioners versus 1. State of Chhattisgarh Through - The Secretary, Department of Urban Development, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Municipal Corporation, Bhilai Through Its Commissioner Municipal Corporation, Bhilai, District Durg, Chhattisgarh --- Respondents For Petitioner : Mr. Mahendra Dubey, Advocate For Respondent No.1 : Mr. R.K. Sahu, Panel Lawyer. For Respondent No.2 : Mr. Pankaj Agrawal, Advocate with Ms. Richa Dwivedi, Advocate SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 06/07/2026 1. By this petition under Article 226 of the Constitution of India, petitioners have raised grievance as regards non-finalization of allotment/ leasing out to them, their non-mutation over the plot allotted; handing over physical possession to them and non- issuing building permission for their respective commercial plots even after deposit of requisite premium amount etc. 2. On 16.4.2026, it is submitted by learned counsel for petitioners that if respondent authorities require the land allotted to petitioner for construction of road etc., then the petitioners may be provided alternate shop/land so that they may run their shop. Based on this submission, this Court directed the petitioners to appear before the appropriate authority on 23.4.2026 along with copy of this order and submit their appropriate proposal before the authorities and in turn, the authorities were directed look into the proposal made by the petitioners for providing alternate shop/plot for running shop. Respondent No.2 was further directed to file an affidavit of concerned authority in this regard as also in respect of proposal made by petitioners. 3. When the matter came up for hearing on 15.05.2026, it was informed by learned counsel appearing on behalf of respondent No.2 that petitioners have not submitted proposal 3 as directed vide order sheet dated 16.4.2026 and therefore, no decision has been taken till date. He further submitted that if any proposal is submitted by petitioner, it will be considered in accordance with law. In view of aforementioned facts, this Court again permitted the petitioners to submit proposal, as directed earlier, with respondent No.2 within a period of three weeks from the date of order and in turn, respondent No.2 was directed to consider the proposal and take decision on the same in an objective manner expeditiously preferably within three weeks from receipt thereof. 4. Today when the matter is taken up for hearing, learned counsel for respondent No.2 submits that petitioners have not submitted any proposal, as directed, till date. 5. On a question being put to learned counsel for petitioners as to why proposal is not submitted till date, he submits that he may be granted short time in this regard. 6. Considering the facts of the case and nature of relief sought for in this petition, I am of the considered view that no fruitful purpose is going to be served in keeping this writ petition pending and the ends of justice will be served if this writ petition is disposed directing respondent No.2 to take appropriate action on the proposal to be submitted by petitioners, as reflects from the order sheet dated 16.4.2026. 7. Accordingly, this writ petition is disposed of permitting the petitioners to submit a appropriate proposal before the 4 respondent No.2 for providing alternate shop/land to them. If such a proposal is submitted by petitioners, respondent No.2 shall consider and decide the same in accordance with law expeditiously, preferably within a period of three months from the date of receipt of the same. 8. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-