1 CGHC010289332022 2026:CGHC:37072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4145 of 2022 C.H. Ramarao S/o Late C. H. Pairayya Aged About 93 Years R/o Banyan J- 349, Janta Colony, Near Balajee Mandir, Gudhiyari, Raipur, District : Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Government Of Chhattisgarh, Capital Complex, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 2 - Chhattisgarh Housing Board Through The Housing Commissioner, Paryavas Bhawan, Sector 19, North Block, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Municipal Corporation Through The Commissioner, White House, Gandhi Chowk, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For the Petitioner :Mr. JK Gupta, Advocate For the State For Respondent No.2 : : Mr. Abhuday Tripathi, PL. Mr. Abhijeet Mishra, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 19.08.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: 2 “10. Reliefs Sought: 1. That the Hon'ble court may kind enough to call the record of the petitioner. 2. That the Hon'ble Court may be kind enough to pass a writ/ writs, order/ orders, direction / directions to the respondents to demolish the illegal structure of Bhavan to be constructed in the public park in violation of the interim direction of the Hon'ble Supreme Court. 3.That the Hon'ble Court may be kind enough to pass any other writ, order or direction as deemed fit in the circumstances of the case” 2. Brief facts of the case, as projected by the petitioner in the present writ petition, are that the petitioner purchased a Housing Board house situated at Janta Colony, Gudhiyari, District Raipur, by way of a sale deed dated 23.11.1995 for a consideration of Rs.9,463/-. Thereafter, respondent No.2 allotted House No.J-349 to the petitioner, adjoining which there is an open piece of land reserved for a public garden. Said fact was intimated by respondent No.2 vide communication dated 01.07.2020 in response to the petitioner’s request for allotment of the said open land. Said land had been reserved by respondent No.3 for the purposes of a garden and its beautification. Therefore, subsequent allotment of the said land for construction of “Vipra Bhavan” is wholly illegal and is liable to be set aside. Respondent No.1 has failed to take any legal action against respondent Nos.2 and 3, despite the complaints made by the petitioner in this regard. According to the petitioner, such action is also in violation of the directions issued 3 by the Hon’ble Supreme Court in the case of Union of India v. State of Gujarat & Others, in Special Leave to Appeal (C) No.8519/2006, vide orders dated 29.09.2009 and 31.01.2018. 3. Learned counsel appearing for the petitioner submits that the petitioner is seeking allotment of a piece of land from the Housing Board and for that present petition has been filed seeking the aforesaid relief. 4. Learned counsel appearing for the respondent/State submits that grievance raised by the petitioner is essentially with regard to allotment of the land in question, which falls within the jurisdiction of the concerned Municipal Corporation. Therefore, the petitioner may approach the concerned competent authority for redressal of his grievance in accordance with law. 5. Learned counsel appearing for the respondent/Housing Board submits that the land sought by the petitioner has already been handed over to the concerned Municipal Corporation. Therefore, the petitioner is required to approach the Municipal Corporation for consideration of his claim for allotment of the land in question in his favour. 6. Be that as it may, having regard to the submissions advanced by learned counsel for the respective parties, instead of keeping the present petition pending before this Court, this Court is of the considered view that it would be appropriate to direct the petitioner to approach the concerned Municipal Corporation for consideration of his claim for allotment of the land in question. 4 7. Accordingly, the writ petition is disposed of with a direction to the petitioner to approach the concerned Municipal Corporation by filing an appropriate application seeking allotment of the land in question within a period of 30 days from the date of receipt of a copy of this order. On receipt of such application, the concerned Municipal Corporation shall consider and decide the same, in accordance with law, after taking into consideration the grounds raised by the petitioner in the present petition, within a period of 60 days from the date of receipt of such application. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.