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2026 DAILYLAW 31246 (CHH)

SHIVSHANKAR KARUNE v. STATE OF CHHATTISGARH

WPC/4033/2026 · 2026-08-04

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010299072026 2026:CGHC:34064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4033 of 2026 1 - Shivshankar Karune S/o Shri Puniram Karune Aged About 39 Years R/o Village Sagar, P.S. Sakri, Tahsil Sakri, District- Bilaspur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2 - The Commissioner, Municipal Corporation, Bilaspur Near Nehru Chowk District- Bilaspur (C.G.). 3 - Executive Engineer / Building Officer, Municipal Corporation, Bilaspur (C.G.). 4 - Dashrath Manjare S/o Late Horilal Caste Suryavanshi, R/o Village Parsada, Near Rama Valley, P.S. Chakarbhata District- Bilaspur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Sandeep K. Sharma, Advocate. For Respondent(s)/State : Mr. Soumitra Kesharwani, P.L. For Respondent No. 2 : Mr. Bhupendra Shrivas, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/08/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to Issue a writ of mandamus directing respondent nos. 2 and 3 to inspect the site and verify the sanction/permission for the illegal construction made by the respondent no. 4. 10.2 The Hon'ble Court may kindly be pleased to issue an appropriate writ/ order/ suitable direction towards the respondent no. 2 and 3 to pass a speaking order on the complaint dated 19.06.2026 after providing proper opportunity of hearing to the concern party. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate.” 2. Learned counsel for the petitioner submits that the petitioner is the co-owner of ancestral land bearing Khasra No. 251, admeasuring 0.7370 hectare, and Khasra No. 609/6, admeasuring 0.0160 hectare, situated at Village Parsada, Tahsil and District Bilaspur. It is submitted that after the demise of the petitioner's mother on 16.02.2026, the names of the petitioner and the other legal heirs were duly mutated in the revenue records. Thereafter, Respondent No. 4, without obtaining permission from the competent authorities and without any authority of law, 3 commenced construction over a portion of the said land. Aggrieved thereby, the petitioner submitted a complaint before Respondent No. 2 on 19.06.2026 and also approached the Station House Officer, Police Station Chakarbhata. However, despite the lapse of considerable time, no action has been taken on the petitioner's complaint. It is, therefore, submitted that the petitioner seeks a direction to Respondent No. 2 to consider and decide his complaint, after affording an opportunity of hearing to all concerned parties, within a stipulated period in accordance with law. 3. On the other hand, learned counsel for respondent No. 2 submits that the grievance raised by the petitioner shall be duly redressed within a period of two weeks. It is further submitted that, if the complaint preferred by the petitioner is found to be in accordance with law and upon due verification, appropriate action shall be taken, including removal of the alleged illegal construction raised by Respondent No. 4, strictly in accordance with law. 4. Having heard learned counsel for the parties and having perused the material available on record. 5. In view of the aforesaid submissions and without expressing any opinion on the merits of the case, the present writ petition stands disposed of with a direction to the Municipal Corporation, Bilaspur, to consider and decide the complaint preferred by the petitioner, strictly in accordance with law, after affording due opportunity of hearing to all concerned parties. It is further directed that, upon 4 such consideration, if it is found that Respondent No. 4 has raised any construction without obtaining the requisite permission or in violation of the applicable statutory provisions, the competent authority shall take appropriate action against Respondent No. 4 in accordance with law, expeditiously. 6. With this observation and direction the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat