1 CGHC010277002026 2026:CGHC:33379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4001 of 2026 1 - Jaspreet Singh Luthra S/o Shri Harminder Pal Singh Luthra Aged About 55 Years R/o- C/38, Karamchari Nagar, Near Shiv Mandir, Ward No. 16, Durg, District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - Chairman And Collector Jila Kridangan Samiti Durg District Durg (C.G.) 3 - Secretary And Sub-Divisional Officer (Revenue) Jila Kridangan Samiti Durg District Durg (C.G.) 4 - Additional District Magistrate Durg District Durg (C.G.) 5 - Tahsildar Durg District Durg (C.G.) 6 - Executive Engineer Public Work Department, Durg Division Durg District Durg (C.G.) ... Respondent(s) For Petitioner(s) : Shri Navin Shukla, Advocate. For Respondent(s) : Shri Anway Tiwari, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/08/2026 1. The petitioner is aggrieved by the impugned pre-eviction notice dated 25.06.2026 issued by the Secretary & Sub-Divisional Officer (Revenue), Jila Kridangan Samiti, District Durg, C.G. whereby the petitioner has been directed to vacate shop which was allotted to him on or before 24.07.2026 as AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.03 18:41:07 +0530 2 according to the report of Public Works Department, the shops allotted to the petitioner is now in a dilapidated condition which could be dangerous and they are now not in a condition of being used. The petitioner in light of said report of PWD was issued pre-eviction notice and was directed to vacate the shops, failing which, he will be evicted from the shops with the help of Administration for which, the petitioner will be solely responsible and any expenses incurred will be realised from the petitioner/shopkeeper through revenue recovery proceedings. The petitioner is seeking interference of this Court under Article 226 of the Constitution of India stating that the authorities have abruptly issued the impugned eviction notice which is infringement of rights granted under Article 19 & 21 of the Constitution of India. 2. At the outset, counsel for the parties submits that the issue in hand has already been dealt with by this Court in the matter of Jhamman Sahu vs. State of Chattisgarh and Others passed in WPC No. 3730 of 2026 and other connected matters on 23.07.2026. Counsel for the petitioner refers to paragraphs 14, 15, 16 and 17 of the said order and prays for disposal of this Writ Petition in similar terms. 3. Paragraph Nos.14 to 17 of the said order reads as under: “14. Considering the totality of the circumstances, particularly the long-standing occupation of the petitioners, the fact that their businesses constitute their primary source of livelihood, and the prevailing rainy season, this Court is of the considered opinion that the ends of justice would be adequately served by directing the respondents to reconsider the representation of the petitioners with a hope of alternative arrangements by the petitioners for shifting their respective establishments. 3 15. Accordingly, Respondent No. 3-Secretary and Sub- Divisional Officer (Revenue), Jila Krindangan Samiti Durg, District Durg C.G. is directed to reconsider the representations submitted by the petitioners for providing alternative arrangements to petitioners for running their shops or to pass appropriate reasoned orders thereon, after affording them an opportunity of hearing, within a reasonable period. The respondents shall also consider providing reasonable assistance, or any other lawful arrangement to facilitate the petitioners in shifting their business establishments. It is further directed that no coercive action for eviction shall be taken against the petitioners for a period of four months from the date of this order. However, it is made clear that, since the shops have been found to be in a dilapidated condition, the petitioners may continue to carry on their business therein for a period of four months at their own risk and cost. In the event of any mishap or untoward incident occurring during this period, the petitioners alone shall be solely responsible for the consequences thereof. The State and its authorities shall bear no liability or responsibility for any such mishap or incident. Upon expiry of the said period, it shall be open to the respondents to proceed in accordance with law. 16. With the aforesaid observations and directions, all the writ petitions stand disposed of. 17. It is made clear that this Court has not expressed any opinion on the merits of the rival claims of the parties. The present order has been passed only with a view to balance the competing public interest of ensuring public safety with the petitioners' need for reasonable time to make alternative arrangements for their livelihood. 4. Since the issue in hand has already been dealt by this Court in the matter of 4 Jhamman Sahu vs. State of Chattisgarh and Others passed in WPC No. 3730 of 2026 and other connected matters on 23.07.2026 and the petitioner is also seeking similar relief, this Writ Petition is disposed of in terms of the directions/observation made in paragraphs No.14 to 17 of the order dated 23.07.2026. Sd/- (Amitendra Kishore Prasad) Judge Avinash