1 CGHC010333952026 2026:CGHC:39163 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4558 of 2026 Shivraj Dewangan S/o Late Shri Prabhudayal Dewangan Aged About 55 Years R/o Ward No. 13 Shashipara, Gariyaband Road, Razim Distt. Gariyaband Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Urban Administration And Development Department, Mahanadi Bhawan Mantralaya, New Raipur, District Raipur Chhattisgarh 2 - The Collector District Gariyaband, Chhattisgarh 3 - The Sub-Divisional Officer (Revenue) Rajim, District Gariyaband Chhattisgarh 4 - The Chief Municipal Officer Nagar Palika Parishad Rajim, District Gariyaband Chhattisgarh 5 - The Tahsildar, Rajim District Gariyaband Chhattisgarh 6 - The Patwari Patwari Halka No. 25, Rajim, Gariaband Chhattisgarh 7 - Joint Director Town And Country Planning Regional Office, Raipur, Indravati Bhawan, Block No. 04, 3rd Floor, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh ---- Respondents For Petitioner : Mr. Syed Ishhadil Ali, Advocate For State-Respondent : Mr. S.S. Choubey, GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 2 07/09/2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following prayer(s) :- “10.1 Issue an appropriate writ, order or direction, particularly a Writ of Certiorari, quashing and setting aside the impugned notice/order dated 14.08.2026 issued by Respondent No.4/Chief Municipal Officer, Nagar Palika Parishad, Rajim, District Gariyaband, whereby the petitioner has been threatened with demolition/removal and vacation of the subject. premises on the allegation of unauthorized construction/encroachment. 10.2 Issue an appropriate writ, order or direction declaring the impugned action of the respondents, initiated under Sections 187 and 223 of the Chhattisgarh Municipalities Act, 1961, to be illegal, arbitrary, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India. 10.3 Direct the respondents not to demolish, remove, dispossess, evict or otherwise interfere with the petitioner's peaceful possession over the subject property except by following the procedure established by law and after affording the petitioner a reasonable and effective opportunity of hearing. 10.4 Direct the respondents to conduct proper demarcation and measurement of the disputed land in the presence of the petitioner, after examining the relevant revenue records, khasra, map, B-1, municipal records, NOCS and other documents relating to the subject property, and thereafter determine the exact nature, location and extent, if any, of the alleged encroachment. 3 10.5 Direct the competent respondent authority to consider and decide the management, petitioner's pendingproceedings/application settlement/regularization and issuance of patta in respect of the subject land, in accordance with the applicable Government policy/scheme and by passing a reasoned and speaking order. 10.6 Direct the respondents to take into consideration all the NOCs already issued by the concerned departments, including the NOC issued by Respondent No.4/Municipal Authority, as well as the inspection report, panchnama and other documents produced by the petitioner, before taking any further action in respect of the subject property. 10.7 In the alternative, if the respondents claim that the subject land is Government/Abadi land, direct that no coercive action be taken by the Municipal Authority under Sections 187/223 of the Chhattisgarh Municipalities Act and that any proceedings, if otherwise permissible in accordance with the Chhattisgarh Land Revenue Code, 1959, including the procedure contemplated under Section 248 thereof. 10.8 During pendency of the present writ petition, kindly grant interim protection by staying the operation, implementation and effect of the impugned notice/order dated 14.08.2026 and restrain the respondents from demolishing the petitioner's residential structure, dispossessing the petitioner, removing his belongings or taking any coercive action pursuant thereto. 10.9 Grant an order of status quo with regard to possession and nature of the subject property during pendency of the present writ petition. 4 10.10 Call for the entire records relating to the proceedings concerning the subject land, including the petitioner's application for regularization/allotment, inspection report, NOCs issued by various departments, proceedings before the competent authorities and the decision/order directing demolition and vacation. 10.11 Award the costs of the present petition in favour of the petitioner. 10.12 Grant any other relief, writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner would submit that the petitioner has applied for grant of Patta under the previous policy of the State Government and the petitioner is ready to deposit the amount of premium and whatever is required to the done in this respect. However, without considering the said application, the notice for removal of encroachment has been passed against the petitioner and as such the petition has been filed. 3. Learned State counsel would submit that the policy which the petitioner is stating dated 11.09.2019 has already been withdrawn by the State Government and as such the petitioner cannot claim any right on the basis of the policy which has subsequently withdrawn by the State Government. Now the position of the petitioner at present is an encroacher and no leniency can be granted to any encroacher and as such this petition may be dismissed. 5 4. Having heard learned counsel for the parties and perused the record, it appears that the petitioner is in possession of the property in question and has submitted his claim/application on the basis of the Circular dated 11.09.2019 issued by the State Government. However, the said Circular has subsequently been withdrawn vide order dated 23.07.2024. 5. In view of the aforesaid, instead of keeping the present petition pending before this Court, the petitioner is granted liberty to submit an appropriate application, along with all relevant documents, before the concerned Collector within a period of ‘10 days’ from the date of receipt of copy of this order. 6. The concerned Collector shall consider and decide the said application, after affording due opportunity of hearing to the petitioner, in accordance with law and on the basis of the applicable Government circular/order prevailing on the subject. The concerned Collector shall not insist upon the Circular dated 11.09.2019, as the same has already been withdrawn vide subsequent order dated 23.07.2024. 7. The concerned Collector is further directed to consider the submissions advanced by learned counsel for the petitioner and pass an appropriate order on the application within a period of ‘45 days’ from the date of submission thereof. 8. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner, and the concerned authority shall consider and decide the same strictly in accordance with law. 6 9. With the aforesaid liberty and direction, the present petition stands disposed of. 10. The concerned respondents shall not take any coercive steps against the petitioner in relation to the property in question till the aforesaid application is decided. Sd/- (Amitendra Kishore Prasad) Judge Vasant