1 CGHC010368322022 2026:CGHC:30295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4836 of 2022 1 - Bhanwar Sen Mogare S/o Late Puran Lal Mogare Aged About 50 Years Caste Scheduled Caste, R/o Bapu Upnagar, Railway Area, Ward No. 70, Police Station Torwa, Bilaspur, District Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Housing And Urban Affairs, New Delhi (India) 2 - The Secretary Ministry Of Railway, New Delhi (India) 3 - General Manager South Eastern Central Railway, Bilaspur Zone, District Bilaspur Chhattisgarh 4 - Divisional Railway Manager South Eastern Central Railway, Bilaspur Zone District Bilaspur Chhattisgarh 5 - Senior Sub Divisional Engineer (Works) South Eastern Central Railway, Bilaspur Division, District Bilaspur Chhattisgarh 6 - Senior Sub Divisional Engineer(Awash) South Eastern Central Railway, Bilaspur Division, District Bilaspur Chhattisgarh 7 - Assistant Divisional Engineer (Awas Ii) South Eastern Central Railway, Bilaspur Division, District Bilaspur Chhattisgarh 8 - Senior Section Engineer (Works /east) South Eastern Central Railway, Bilaspur Division, District Bilaspur Chhattisgarh 9 - Commissioner Municipal Corporation Bilaspur, District Bilaspur Chhattisgarh VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 10 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh 11 - Director Urban Administration And Development, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh 12 - Collector Bilaspur, District Bilaspur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Kishore Narayan, Advocate For State :- Mr. Shreyansh Mehta, P.L. For Respondents No.1 to 8:- Mr. T.S. Sahu, Central Govt. Counsel on behalf of Mr. Ramakant Mishra, DSGI. For Respondent No.9 :- Mr. Ashish Tiwari & Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 16.07.2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ setting- aside eviction notice dated 12.09.2022 (Annexure P/6), in the interest of justice. 10.2 That the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the respondents to complete the rehabilitation procedure in a time bound manner, in the interest of justice. 3 10.3 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner was found eligible for rehabilitation and his name is duly reflected in the list of eligible beneficiaries prepared for the purpose of rehabilitation. It is further submitted that the petitioner is ready and willing to shift to the rehabilitated accommodation to be provided by the Municipal Corporation, respondent authority, and has no objection in accepting such rehabilitation facility in accordance with the scheme/policy applicable. 3. Learned counsel appearing for respondents No.1 to 8 submits that the land in question belongs to the Railway authorities and the petitioner is an unauthorised occupant over the said premises. It is submitted that the Railway Administration has taken action in accordance with law and has no objection to rehabilitation of eligible occupants by the competent authority as per the applicable policy. Since the petitioner has been found eligible for rehabilitation by the Municipal Corporation, he may be directed to cooperate in the rehabilitation process and, upon allotment of rehabilitated accommodation, vacate the Railway premises peacefully. 4. Learned counsel appearing for the respondent No.9–Municipal Corporation submits that the petitioner has already been found 4 eligible for rehabilitation and his name has been included in the list of eligible beneficiaries. It is submitted that the Corporation shall provide rehabilitated accommodation to the petitioner in accordance with the applicable policy and prescribed procedure. Since the petitioner has expressed his willingness to accept the rehabilitated accommodation, the grievance raised in the petition does not survive. The petitioner may be directed to cooperate with the Corporation for completion of the rehabilitation process and accept the allotted accommodation in accordance with law. 5. Learned counsel appearing for the State authorities submits that the petitioner has already been found eligible for rehabilitation and his name has been included in the list of eligible beneficiaries. It is submitted that the rehabilitation process shall be undertaken by the competent authority in accordance with the applicable policy, rules and guidelines. Since the petitioner is willing to accept the rehabilitated accommodation, the State authorities shall extend necessary cooperation for completion of the rehabilitation process in accordance with law. It is further submitted that the petition may be disposed of with a direction to all concerned to proceed as per the rehabilitation scheme and for the petitioner to cooperate in shifting to the allotted accommodation. 6. I have heard learned counsel for the parties and perused the material available on record. 5 7. Considering the facts and circumstances of the case, and taking note of the submissions made by learned counsel for the parties, it appears that the petitioner has already been found eligible for rehabilitation and his name is reflected in the list of eligible beneficiaries prepared by the competent authority. The petitioner has also expressed his willingness to accept the rehabilitated accommodation provided by the Municipal Corporation. 8. In view of the aforesaid, the respondent–Municipal Corporation is directed to take necessary steps for handing over the possession of the rehabilitated accommodation to the petitioner after verification. The petitioner shall approach the concerned authorities of the Municipal Corporation within a period of seven days from today. Upon such approach, the Municipal Corporation shall verify the eligibility/status of the petitioner and, if his name is found reflected in the list of eligible beneficiaries, the keys and possession of the allotted rehabilitated accommodation shall be handed over to him in accordance with law. The petitioner is further directed to remove encroachment after 15 days from the date when he is given of rehabilitated accomodation. 9. With the aforesaid direction, the present writ petition stands disposed of. 10. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Vishakha