1 CGHC010196012023 2026:CGHC:34550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2756 of 2023 1 - Shri Nitin Patel S/o. Divyanand Patel, Aged About 26 Years 2 - Shri Naveen Patel S/o. Divyanand Patel, Aged About 33 Years 3 - Shri Divyanand Patel, S/o. Mewalal Pate, Aged About 59 Years Through Its Power Of Attorney Holder Shri Naveen Patel S/o Divyanand Patel, aged about 33 years. All above are R/o. Beside Naveen Plaza, Telipara, District Bilaspur Chhattisgarh Presently R/o. Shiv Mandir, Vidya Nagar, District Bilaspur Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Caiptal Complex, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Chief Municipal Officer, Nagar Panchayat Bilha, District Bilaspur Chhattisgarh 3 - Collector, Bilaspur, District Bilaspur Chhattisgarh 4 - S.D.O., Bilha, District Bilaspur Chhattisgarh 5 - S.H.O., Police Station Bilha, District Bilaspur Chhattisgarh 6 - President, Nagar Panchayat, Bilha, District Bilaspur Chhattisgarh 7 - Assistant Director, Nagar And Gram Nivesh, Bilaspur Chhattisgarh 8 - Tehsildar, Bilha, District Bilaspur Chhattisgarh --- Respondent(s) WPC No. 2853 of 2023 1 - Rajesh Kumar Saha S/o Shri Satyendra Saha Aged About 58 Years R/o 203/a, Mahaveer City, Mopka, Bilaspur, Through Its Power Of Attorney Holder Neeraj AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.07 10:19:43 +0530 2 Relwani, S/o Nanak Relwani, Aged About 32 Years, R/o Bilha, District : Bilaspur, Chhattisgarh 2 - Neeraj Relwani S/o Nanak Relwani Aged About 32 Years R/o Bilha, District : Bilaspur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - Chief Municipal Officer Nagar Panchayat Bilha, District : Bilaspur, Chhattisgarh 3 - Collector Bilaspur, District : Bilaspur, Chhattisgarh 4 - S.D.O. Bilha, District : Bilaspur, Chhattisgarh 5 - S.H.O. Police Station Bilha, District : Bilaspur, Chhattisgarh 6 - President Nagar Panchayat Bilha, District : Bilaspur, Chhattisgarh 7 - Assistant Director Nagar And Gram Nivas, Bilaspur, District : Bilaspur, Chhattisgarh 8 - Tehsildar Bilha, District : Bilaspur, Chhattisgarh --- Respondent(s) For Petitioner(s) : Shri Manoj Paranjpe, Senior Advocate with Shri Arpan Verma, Advocates. For Respondent No.2 : Shri Anand Shukla, Advocate. For State/respondent : Shri Abhuday Tripathi, PL. SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 06/08/2026 1. Learned Senior counsel submits that by way of the present writ petitions, the petitioners are challenging the notice dated 02.06.2023, whereby they were served with a notice alleging illegal plotting of land. The petitioners were called upon to answer five queries regarding whether they had obtained the requisite permissions and approvals prior to undertaking the alleged illegal 3 plotting and/or development of a colony, and were directed to submit their response within seven days from the date of receipt of the notice. The petitioners also challenge the order dated 12.06.2023, which was published in the local newspaper Bilaspur Haribhoomi on 13.06.2023, whereby Respondent No. 2 declared the permissions allegedly granted for development over the land bearing Khasra No. 307 and its subdivided portions as null and void. By the said order, the Respondent further stayed all sale, purchase, registration, permission, and diversion proceedings concerning the said land until further orders. It was also stated that strict penal action would be taken against the persons found involved in the alleged illegal activities in violation of the provisions of the Municipal Corporation Act, 1956. The petitioners have specifically been named in the said order/memorandum dated 12.06.2023 as the owners of land bearing Khasra Nos. 307/5, 307/6, and 307/21. The petitioners are neither colonizers nor are they engaged in the development of any colony or in the sale of plots for the purpose of developing a colony. The impugned order dated 12.06.2023 has been passed with a premeditated and biased mindset, without affording the petitioners an adequate and reasonable opportunity to submit their reply to the notice dated 02.06.2023. The petitioners received the said notice only on 07.06.2023 and immediately sought reasonable time to file a detailed reply. However, without considering the said request and without granting the petitioners sufficient opportunity to present their case, Respondent No. 2 proceeded to pass the impugned order in undue haste, allegedly with the intention of harassing the petitioners. The impugned order has thus been passed without due application of mind and in gross violation 4 of the principles of natural justice, particularly the rule of audi alteram partem (no person shall be condemned unheard). Learned counsel for the petitioners at this juncture submits since the petitioners were not afforded proper opportunity of hearing before passing the order impugned, as such, they may be given opportunity to submit their reply to the notice which may be considered by the respondents authorities. 2. Per contra, learned counsel appearing for Respondent No. 2 opposes the submissions advanced on behalf of the petitioners and contends that adequate opportunity of hearing had been afforded to the petitioners before passing the impugned order. 3. Having heard learned counsel for the parties and considering the submission made by counsel for the petitioners, this Court is of the view that proper procedure as per Section 339F has not been followed in the instant case. Consequently, the impugned order dated 12.06.2023 passed by the Chief Municipal Officer, Nagar Panchayat, Bilha, deserves to be and is hereby set aside. The matter is remanded to the said authority for fresh consideration after strict compliance with the provisions of Section 339F of the Chhattisgarh Municipality Act, 1961, by affording due opportunity of hearing to all the petitioners and recording a specific finding on the issues involved. The petitioners are directed to submit their reply to the notice, along with all relevant documents, within a period of 15 days from the date of receipt of a copy of this order. Upon receipt of the said reply, the respondent authorities shall consider the same and pass a reasoned order, after affording due opportunity of hearing to the petitioners, strictly in accordance with law, within a period of 60 days thereafter. 5 4. With the aforesaid observations and directions, the writ petitions stand disposed of. 5. It is made clear that this Court has not expressed any opinion on the merits of the case. The competent authority shall adjudicate the matter independently, uninfluenced by any observations contained in this order, and strictly in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Avinash