1 CGHC010351692026 2026:CGHC:39619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4600 of 2026 1 - Sheikh Niyaz Mohammad S/o Sheikh Payar Mohammad Aged About 53 Years House No. 220, Ward No. 11, Kumhar Para, Indira Nagar, Raigarh Tahsil And District- Raigarh, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Mantralaya Naya Raipur, District- Raipur, (C.G.) 2 - Collector, Raigarh, District- Raigarh, (C.G.) 3 - Sub Divisional Officer (Revenue), Raigarh, District- Raigarh, (C.G.) 4 - The Tehsildar, Raigarh, District- Raigarh, (C.G.) 5 - The Municipal Corporation, Through The Commissioner, Municipal Corporation, Raigarh, District Raigarh, (C.G.) 6 - Smt. Bhalkuni D/o Mansingh Kanwar, W/o Munnalal Rathiya, Aged About 62 Years, R/o Tarpali, Tahsil And District- Raigarh, (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For Petitioner :- Mr. Rajendra Tripathi, Advocate For State :- Mr. Anand Dadariya, Dy. A.G. For Respondent No.5 :- Mr. Pankaj Agrawal, Advocate ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 10.09.2026 1. Following reliefs have been prayed in this petition:- “i. That, this Hon'ble Court may kindly be pleased to quash/ set-aside the notice dated 15.01.2026 passed by the respondent authority. ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to not interfere and evict the peacefully possession of the petitioner and not to demolish the structure of petitioner. iii. Cost of the petition may also be granted to the petitioner. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that the notice dated 15.01.2026 has been wrongly issued to the petitioner. It is contended that the land in question is not covered by the order dated 22.05.2018 and, therefore, the authorities could not have issued the impugned notice to the petitioner. 3 3. Per contra, learned State counsel submits that the petitioner ought to first appear before the concerned authority and place all his submissions with regard to the notice dated 15.01.2026. It is submitted that, merely because the notice has been issued by the Tehsildar, the petitioner cannot directly invoke the writ jurisdiction of this Court without first approaching the competent authority and, thereafter, if any adverse order is passed against him, he may avail the appropriate remedy in accordance with law. 4. Learned counsel appearing for respondent No.5 submits that the petitioner may first avail the remedy before the competent authority by filing his reply to the impugned notice and raising all his objections and contentions. It is submitted that the competent authority may thereafter consider the same and pass an appropriate order in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In view of the submissions made by learned counsel for the parties, without expressing any opinion on the merits of the controversy, the petitioner is directed to file his detailed reply to the notice dated 15.01.2026 before the concerned Tehsildar within a period of 10 days from today, raising all the objections and contentions available to him, including the contention that the land in question is not covered by the order dated 22.05.2018. 4 7. Upon receipt of such reply, along with the relevant documents relied upon by the petitioner, the concerned authority shall consider the same and pass an appropriate and reasoned order in accordance with law, after affording due opportunity of hearing to the petitioner as well as the other concerned parties in whose favour the order dated 22.05.2018 has been passed within a further period of 45 days. 8. For a period of 10 days from today, no coercive steps shall be taken against the petitioner pursuant to the notice dated 15.01.2026, provided the execution/compliance of the said notice has not already been effected. 9. With the aforesaid directions, the present petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha