1 CGHC010010042023 2026:CGHC:37056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 143 of 2023 Alok Jain S/o Mukund Chand Jain, Aged About 49 Years, R/o Village Berla, Tahsil Berla, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary Department Of Urban Administration and Development, Indravati Bhawan, Atal Nagar Nawa Raipur, Raipur, Chhattisgarh 2 - The Collector Bemetara, District : Bemetara, Chhattisgarh 3 - The Sub- Divisional Officer Berla District Bemetara, Chhattisgarh 4 - The Tahsildar Berla, Tehsil Berla, District : Bemetara, Chhattisgarh 5 - Nagar Panchayat Berla Through The Chief Municipal Officer Berla, District : Bemetara, Chhattisgarh 6 - Kanhaiya Soni S/o Laxmi Prasad Soni R/o Village Berla, Police Station And Tahsil Berla, District : Bemetara, Chhattisgarh ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Ms. Aashi Bhattacharya, Advocate For Respective Respondents : Mr. Anumeh Shrivastava, Advocate, Ms. Mahi Pandey, Advocate and Mr. Abhishek Gupta, Panel Lawyer SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.08.21 11:21:48 +0530 2 S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/08/2026 1. By way of this petition, the petitioner seeks the following reliefs : 10.1 The Hon'ble Court may kindly be pleased to issue a writ of mandamus thereby directing the respondent no. 5 to hear and dispose of the case of the petitioner expeditiously on its own merits and in accordance with law, in the ends of justice. 10.2 Any other relief which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner including cost. 2. Ms. Aashi Bhattacharya, learned counsel for the petitioner submits that the present petition has been filed apprehending that the illegal construction being carried out by Respondent No.6 will cause waterlogging along the pathway reserved for the petitioner’s Nistari rights. 3. At this stage, Mr. Anumeh Shrivastava, learned counsel for respondent No.6 submits that the said respondent has already vacated the site and as such, the grievance of the petitioner no longer subsists. 4. Ms. Mahi Pandey, learned counsel for respondent No.5/Nagar 3 Panchayat Berla submits that notice has already been issued to respondent No.6 at an early stage and the authority has already taken cognizance of the matter. 5. Taking into consideration the facts and circumstances of the case, without entering into the merits of the case, this Court observes that if respondent No.6 has vacated the site, any future obstruction caused by a subsequent purchaser or incumbent shall give liberty to the petitioner to approach the Nagar Panchayat, Berla, by way of an appropriate application for redressal. 6. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay