1 CGHC010147652025 2026:CGHC:36711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2060 of 2025 1 - Pokarmal Hotwani S/o Late Rangkamal Hotwani Aged About 70 Years R/o H.No. 18, Hanuman Nagar, Byron Bazar, Tehsil And Distt. Raipur (C.G.) 2 - Mukesh Dahiya S/o Late Manohar Lal Dahiya Aged About 41 Years R/o Near City Kotwali Chowk, Tehsil And Distt. Raipur (C.G.) 3 - Beena Meghnani W/o Rup Chand Menghani Aged About 68 Years R/o. 31/301, Chandani Palace, 3840, Behind Prem Kunj, Civil Lines, Tehsil And District Raipur (C.G.) 4 - Amarjeet Singh Chhabra S/o Pyare Lal Chandra Aged About 60 Years R/o Behind Axis Bank, 3/4, Guru Govind Nagar, Pandri, Tehsil And Distt. Raipur (C.G.) 5 - Mrs. Kamlesh Chawla W/o M.S. Chawla Aged About 68 Years R/o Civil Lines, Opp. Raj Bhawan, Tehsil And Distt. Raipur (C.G.) 6 - Harsh Shukla S/o Gourishankar Shukla Aged About 38 Years R/o H.No. 212, Samta Colony, Tehsil And Distt. Raipur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Raipur Municipal Corporation (Rmc) Through The Commissioner, Raipur Municipal Corporation, Raipur, District Raipur (C.G.) 3 - Directorate Of Town And Country Planning (T And Cp) Through The Director, Indravati Bhawan, Atal Nagar, District Raipur (C.G.) 4 - Registrar Co-Operative Societies Chhattisgarh Indrawati Bhawan, Nava Raipur Atal Nagar, District Raipur (C.G.) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.18 10:26:55 +0530 2 5 - Deputy Registrar Co-Operative Societies, Raipur, District Raipur (C.G.) 6 - Collector (Nazul)- Raipur District Raipur (C.G.) 7 - Tehsildar (Nazul)- Raipur District Raipur (C.G.) 8 - The Administrator Shree Hanuman Grih Nirman Sahakari Samiti, Byron Bazar, Raipur, District (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Anjay Mishra, Advocate For State : Mr. Shobhit Misrha, Dy. G.A. For Respondent No.2 : Mr. Pankaj Agrawal, Advocate For Respondent No.8 : None, though served Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 17.08.2026 1 By filing the present petition, the petitioners have called in question the inaction on the part of the respondent authorities in not taking effective steps for removal of the alleged illegal encroachments from the plots belonging to Shree Hanuman Grih Nirman Society, Raipur, despite repeated representations, enquiries and recommendations made by the competent authorities for removal of such encroachments. The petitioners have prayed for following relief(s):- “10.1. That, this Hon'ble Court may kindly be pleased to call for the records of the case from the concerned respondents. 10.2. That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus and/or direction(s) to the respondent authorities for removal of the illegal encroachments from property of the Hanuman Grih Nirman Society particularly in respect of the petitioners, expeditiously. 3 10.3. That the cost of petition may kindly be awarded to the petitioners. 10.4. Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also granted.” 2 Learned counsel appearing for the petitioners submits that the petitioners are members of Shree Hanuman Grih Nirman Society, Raipur and are the lawful allottees of plots which have been illegally occupied by encroachers. It is submitted that the issue of illegal encroachment has been raised repeatedly since 2003 and various enquiries conducted by the competent authorities have found the allegations of illegal occupation and irregular allotment to be substantiated. Learned counsel further submits that despite the enquiry reports, repeated directions and recommendations issued by the authorities from time to time, including the communications dated 14.08.2024 and 16.08.2024 addressed to the Collector (Nazul), no effective proceedings have been undertaken for removal of the encroachments. It is contended that the continued inaction of the respondent authorities has deprived the petitioners of the use and enjoyment of their duly allotted plots and has compelled them to approach this Court seeking a direction for expeditious removal of the illegal encroachments in accordance with law. 3 Per contra, learned State counsel as well as learned counsel for respondent No. 2 jointly submit that the grievance raised by the petitioners is amenable to consideration by the competent authority under the provisions governing the affairs of the Co-operative Society and that the concerned Registrar, Co-operative Societies, is competent 4 to examine the complaint regarding the alleged illegal encroachments and take appropriate action in accordance with law. It is submitted that the petitioners have not availed the said remedy and have directly approached this Court without first placing their grievance before the competent authority. It is, therefore, submitted that the petitioners may be relegated to the appropriate statutory forum for redressal of their grievance. 4 At this stage, learned counsel appearing for the petitioners submits that, in view of the submission made by learned counsel for the respective respondents, the petitioners may be permitted to approach the concerned Registrar, Co-operative Societies, for redressal of their grievance and that an appropriate direction may be issued for consideration of their representation in accordance with law. 5 I have heard learned counsel appearing for the parties and perused the material available on record. 6 Considering the matter in its entirety and having regard to the nature of the grievance raised by the petitioners, this Court deems it appropriate to permit the petitioners to approach the concerned Registrar, Co- operative Societies, by way of a detailed representation along with all relevant documents in support of their claim. Accordingly, the petitioners are directed to approach the concerned Registrar, Co- operative Societies, within a period of fifteen days from the date of receipt of a certified copy of this order. 7 Upon receipt of such representation, the concerned Registrar, Co- operative Societies, shall consider and decide the grievance of the 5 petitioners strictly in accordance with law and on its own merits, after affording due and adequate opportunity of hearing to all concerned parties, including the persons against whom the allegations of illegal encroachment have been made, and shall pass a reasoned and speaking order expeditiously, preferably within a period of eight weeks from the date of receipt of the representation. 8 It is made clear that this Court has not expressed any opinion on the merits of the grievance raised by the petitioners, and the concerned authority shall take an independent decision uninfluenced by any observation made in this order. 9 With the aforesaid directions, the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh