1 CGHC010137142026 2026:CGHC:31595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1923 of 2026 1 - Rajesh Tiwari Son Of Lekhravindra Tiwari Aged About 46 Years Resident Of M/s Devam Medical Store, Malviya Nagar West Chirimiri, District M.C.B. Chhattisgarh ... Petitioner(s) versus 1 - The Commissioner Minicipal Corporation Chirimiri, District M.C.B. Chhattisgarh 2 - The Chief Executive Officer Municipal Corporation Chirimiri, District M.C.B. Chhattisgarh 3 - The Collector District M.C.B. Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Purnendra Khichariya, Advocate. For Respondent Nos.1 & 2 : Shri Adhiraj Surana, Advocate. For State/respondent : Shri Amit Nayak, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/07/2026 1. This Writ Petition has been filed for the following reliefs:- 10.1 That this Hon'ble court kindly be pleased to direct the respondent authority to verify, proper enquiry of the illegal tress passers who had captured after the death of the previous allottee of the gumti/ shop under Mukhya Mantri Swalamban Yojna/ Deen Dayan Upadhayay Swalamban Yojna under Shop/Gumti and may further order for fresh allotment of the vacant shop / gumti in favour of the petitioner as he is entitled, in the interest of justice. 10.2 That this Hon'ble court kindly be pleased to direct the respondent authority to take proper decision and lawful order on the representation preferred by the petitioner dated 07.01.2026 and 12.01.2026, in the interest of justice. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.25 10:37:00 +0530 2 2. Learned counsel for the petitioner submits that petitioner is eligible for allotment of a shop/gumti under the Mukhya Mantri Swalamban Yojna/Deen Dayal Upadhyay Swalamban Yojna. Respondent authority, in the year 2020, invited applications for allotment of shops and gumtis situated at Beladula Marine Drive, Ground Floor. As per the notice dated 21.09.2020, the vacant shops bearing Nos. 12, 13, and 18 were earmarked for the categories of OBC, SC, Widow, and Educated Unemployed Persons. Despite the aforesaid notification, the said shops have remained vacant and have not been allotted in accordance with the applicable scheme and rules. Instead, certain unauthorized persons have illegally encroached upon and occupied some of the shops/gumtis and are carrying on business, including pan/betel shops, without any lawful authority. The petitioner submitted a complaint before the respondent authorities regarding the illegal occupation and arbitrary/non- allotment of the aforesaid shops/gumtis. However, no action has been taken on the petitioner's complaint, nor has any inquiry been conducted by the respondent authorities. The petitioner also submitted an application under the Right to Information Act, 2005, seeking information regarding (i) the shops that had fallen vacant due to the death of the original allottees, (ii) the number of shops lying vacant due to violation or non-compliance with the applicable rules, and (iii) the present status of such vacant shops and their proposed allotment. However, the information supplied by the respondent authority did not disclose any lawful process for allotment of the said vacant shops. Thereafter, the petitioner submitted detailed representations dated 07.01.2026 and 12.01.2026 requesting the respondent authority to consider his claim for allotment of a vacant shop/gumti in accordance with the 3 applicable scheme and to take action against the illegal occupants. However, despite receipt of the said representations, the respondent authorities have failed to take any decision or pass any speaking order, thereby compelling the petitioner to approach this Court. Learned counsel for the petitioner submits that 23 shops were allotted and some of the beneficiaries have passed away, as such, there is strong possibility that some shops are lying vacant with the Municipal Corporation, Chirmiri. As such, petitioner can be granted one shop in accordance with law, for which the petitioner has also filed an application before the Collector and the Commissioner, Municipal Corporation Chirmiri. 3. At this stage, counsel for Respondent Nos.1 & 2 submits that if the petitioner will file appropriate application for allotment of shop then they will consider the same and will enquiry about the vacancy of the shops as the petitioner has alleged that some of the beneficiaries have passed away and if one shop is vacant then the petitioner will be considered if he is otherwise eligible. 4. Having heard learned counsel for the parties and considering the submission made counsel for Respondent Nos.1 & 2 that they are ready to consider the case of the petitioner for allotment of shop, as such, this Writ Petition is disposed of with a direction to petitioner to file proper application in this respect within a period of 15 days which shall be considered and decided by the respondent authorities in accordance with law within a period of 45 days from the date of receipt of such application. Sd/- (Amitendra Kishore Prasad) Judge Avinash