1 CGHC010370222024 2026:CGHC:36683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5300 of 2024 Smt. Gayatri Dewangan W/o Shri Kaneshwar Dewangan Aged About 50 Years R/o Ward No.2 Darapar, Bijapur, District- Bijapur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Urgan Adminstration And Development Department Mahanadi Bhawan Mantralaya Nawa Raipur , Atal Nagar District - Raipur (C.G.) 2 - The Collector Bijapur Dist- Bijapur (C.G.) 3 - The Sub-Divisional Officer (Revenue) Bijapur , District- Bijapur(C.G.) 4 - The Tahsildar Bijapur District - Bijapur (C.G.) 5 - The Chief Municipal Officer Nagar Palika Parishad , Bijapur, District- Bijapur (C.G.) 6 - The Station House Officer Police Station , Bijapur, District- Bijapur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Amitesh Kumar Pandey, Advocate For State/Respondents No. 1, 2, 3, 4 & 6 : Mr. Abhyuday Tripathi, Panel Lawyer YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.18 10:26:55 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 17.08.2026 1 By filing the present petition, the petitioner calls in question the legality and validity of the orders dated 17.10.2024 and 18.10.2024 (Annexures P/2 and P/1, respectively), whereby the permission earlier granted for construction of the complex has been cancelled and the petitioner has been directed to remove the construction within three days, failing which the same would be removed at her risk and cost. The petitioner has prayed for following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 18.10.2024 & 17.10.2024 (Annexure P/1 & P/2). 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2 Learned counsel appearing for the petitioner submits that the petitioner is the recorded owner and is in possession of land bearing Khasra No.128/51, admeasuring 0.0200 hectare, situated at Village Bijapur, Ward No.2, Darapara, P.H. No.13, Tahsil and 3 District Bijapur, which was allotted to her by way of patta by the Tahsildar, Bijapur, in Revenue Case No.131/A-66/2009-10, and upon obtaining requisite permission from the competent Municipal Authority, she commenced construction of a complex over the said land. It is submitted that the construction is confined to the petitioner's own land and no encroachment has been made upon any Government land; however, without conducting any demarcation and without affording any opportunity of hearing, the respondent No.5, vide order dated 17.10.2024, cancelled the construction permission and, by notice dated 18.10.2024, directed the petitioner to remove the construction within three days, failing which the same would be removed at her risk and cost. Learned counsel further submits that the notice is ex facie violative of the principles of natural justice, particularly when 19.10.2024 and 20.10.2024 were holidays, leaving the petitioner with no effective opportunity to submit her reply or avail any remedy. It is further submitted that the petitioner had invested substantial amounts and borrowed money on interest relying upon the permission granted by the competent authority, and demolition of the construction would cause grave and irreparable financial prejudice. It is, therefore, contended that the impugned orders, having been passed without demarcation, without hearing and in violation of the principles of natural justice, are unsustainable in law and deserve to be quashed. 4 3 Per contra, learned State counsel submits that the impugned notice has been issued by the competent authority in respect of the alleged unauthorized construction and that the petitioner ought to avail the opportunity of submitting her explanation before the competent authority. It is submitted that, if the petitioner submits a reply along with the relevant documents, the same may be considered by the competent authority in accordance with law. 4 I have heard learned counsel for the parties and perused the material available on record. 5 Considering the nature of the grievance raised by the petitioner and the fact that the petitioner disputes the allegation of unauthorized construction, this Court is of the considered view that the ends of justice would be served by permitting the petitioner to submit a suitable reply to the show-cause notice dated 18.10.2024 before the Chief Municipal Officer, Nagar Palika Parishad, Bijapur. Accordingly, the petitioner is directed to submit her reply along with all supporting documents within a period of 15 days from the date of receipt of certified copy of this order and upon receipt of such reply, the Chief Municipal Officer, Nagar Palika Parishad, Bijapur, shall consider the same objectively and pass an appropriate, reasoned and speaking order in accordance with law, after affording due opportunity of hearing to the petitioner. It is further directed that the aforesaid exercise shall be completed within a period of 45 days from the date of receipt of 5 the reply. Till the decision is taken by the competent authority, the order of status quo granted by this Court vide order dated 21.10.2024 shall remain in force. 6 It is made clear that this Court has not expressed any opinion on the merits of the controversy and the competent authority shall decide the matter independently, strictly in accordance with law. 7 With the aforesaid directions, the writ petition stands disposed of. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh