1 CGHC010200342024 2026:CGHC:37346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3026 of 2024 Manish Singh S/o Shri Bankeshwar Singh, Aged About 52 Years R/o Hospital Chowk, Ward No. 4, Khariagarh, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Government of Chhattisgarh, Urban Administration and Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 2 - The Collector District Khairagarh - Chhuikhadan - Gandai, Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Khairagarh, District : Khairagarh- Chhuikhadan-Gandai, Chhattisgarh 4 - The Chief Municipal Officer, Municipal Council, Khairagarh, District : Khairagarh- Chhuikhadan-Gandai, Chhattisgarh ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Shubham Kashyap, Advocate on behalf of Mr. Ghanshyam Patel, Advocate For Respective Respondents : Mr. Amit Nayak, Panel Lawyer and Mr. Aniruddh Shrivastava, Advocate S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.08.21 15:21:53 +0530 2 20/08/2026 1. Heard. 2. By way of this petition, the petitioner seeks the following reliefs : i The Hon'ble Court may kindly be pleased to call for the entire records, pertaining to the issuance of the impugned notices dated 09/04/2024, 09/05/2024 & 10/06/2024 (Annexure-P-1) issued by the respondent No.4/Chief Municipal Officer, Municipal Council Khairagarh for kind perusal of the Hon'ble Court. ii. The Hon'ble Court may kindly be pleased to issue a writ of certiorari by setting aside the impugned notices dated 09/04/2024, 09/05/2024 & 10/06/2024 (Annexure-P-1) issued by the respondent No.4/Chief Municipal Officer, Municipal Council Khairagarh. iii The Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondent No.4/CMO, Municipal Council Khariagarh to decide the proceedings after considering the reply submitted by the petitioner in objective manner in accordance with law before demolishing the construction of the petitioner in pursuance of the impugned notices Annexure-P-1. iv. The Hon'ble Court may kindly be pleased to direct the respondent authorities to drop the proceedings initiated against the petitioner and demarcate the shop of the petitioner before taking any action against the petitioner. v. Cost of the petition be allowed. vi. Any other relief, which this Hon'ble Court deems fit and proper under the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that respondent No.4 has issued the impugned notice dated 9.4.2024 directing the removal of the shop of the petitioner from the subject land. He submits that the petitioner is in possession of the subject land by 3 virtue of a lease granted by the State , however, respondent No.4, without considering this aspect, issued the impugned notice for removal of the alleged encroachment. As such, this Petition has been filed. 4. Considering the facts and circumstances of the case, particularly considering that only a show cause notice has been issued to the petitioner under Sections 187 and 223 of the Chhattisgarh Municipal Corporation Act, this Court deems it appropriate to dispose of this petition with liberty to the petitioner to file an appropriate reply to the show cause notice dated 9.4.2024. The petitioner shall submit his reply along with the relevant documents before the Chief Municipal Officer, Municipal Council, Khairagarh, within 15 days from today, demonstrating that he is in lawful possession of the subject property pursuant to a lease granted by the State and is not an encroacher. Upon receipt of such reply along with a certified copy of this order, the concerned authority is directed to consider and decide the same in accordance with law within a period of 60 days, bearing in mind that the petitioner is in possession of the subject land through a lease granted by the State. Ordered accordingly. 5. Till the said period, the interim order dated 20.6.2024 passed by this Court shall continue. 6. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay