1 CGHC010337642023 2026:CGHC:39196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4383 of 2023 1 - Krishna Kant Sharma S/o. Shri Rajkumar Sharma, Aged About 41 Years Pujari, Maa Mahamaya Mandir Ratanpur, R/o. Mahamayapara, Ward No.3, Thana And Post - Ratanpur, Tehsil Ratanpur, District - Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - Municipal Council Ratanpur Through Chief Municipal Officer, Ratanpur, District - Bilaspur, Chhattisgarh. 2 - Chief Municipal Officer, Municipal Council, Ratanpur, District - Bilaspur, Chhattisgarh. 3 - Kanhaiya Lal Yadav, Counselor, Ward No.4, Municipal Council, Ratanpur, District - Bilaspur, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Adarsh Tiwari, Advocate on behalf of Mr. Harsh Wardhan, Advocate For Respondents No. 1 & 2 :- Ms. M. Asha, Advocate ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order on Board 07.09.2026 1. Following reliefs have been prayed in this petition:- “10.1 That, this Hon'ble Court be pleased to issue an appropriate Writ or Order or direction thereby calling for the records in respect of grievance of the petitioner. 10.2 That, this hon'ble Court may kindly be pleased to adjudicate and declare that the respondent Municipal Council has not power and authority to deal with the subject land of the Petitioner. 10.3 That, this hon'ble Court may kindly be pleased to direct the Respondents to demolish all construction raised by them on the land of the petitioner and to restore the land of the Petitioner. 10.4 That, the Hon'ble Court may be pleased to direct the respondents not to interfere with the rights and possession of the Petitioner over the subject land. 10.5 That, the Hon'ble Court may be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case including the cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner has been in occupation of the government land in question for a considerable period. However, the respondent-Municipal Council, Ratanpur, has issued 3 a notice dated 06.10.2023 proposing his eviction, which has led to the filing of the present petition. 3. Learned counsel appearing for the respondent-Municipal Council submits that the reply on behalf of the Municipal Council is still awaited. 4. From the documents available on record, it appears that, till date, no coercive action has been taken against the petitioner pursuant to the impugned notice. It is also not the case that this Court has passed any interim order in favour of or against the petitioner during the pendency of the present petition. 5. In the aforesaid circumstances, the petitioner is granted liberty to submit an appropriate application before the respondent-Municipal Council, Ratanpur, seeking the reliefs as prayed for in the present petition. In the event such an application is filed, the competent authority shall consider and decide the same, in accordance with law, by passing a reasoned and speaking order. 6. The petitioner shall submit the aforesaid application within a period of 10 days from today. The competent authority shall consider and decide the same preferably within a period of 45 days from the date of receipt of such application. 7. Since no coercive action has been taken against the petitioner till date, the respondent-authorities are directed not to take any coercive steps against the petitioner pursuant to the notice dated 06.10.2023 for a 4 period of 45 days from today or till the application preferred by the petitioner is decided, whichever is earlier. 8. With the aforesaid directions, the present petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha