1 CGHC010105542023 2026:CGHC:39847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1629 of 2023 Krishna Chandra Kashyap S/o. Late P.R. Kashyap, Aged About 68 Years R/o. Ward No. 5, Nawagaon, Katghora, District - Korba Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi, Bhawan, Atal Nagar, New-Raipur Chhattisgarh 2 - The Collector, District Korba Chhattisgarh 3 - Municipal Council, Katghora, Through The Chief Municipal Officer, Municipal Council, Katghora, District Korba Chhattisgarh 4 - Brahma Prakash Kashyap, S/o. Late P.R. Kashyap, Aged About 65 Years R/o. Ward No. 5, Nawagaon, Katghora, Tahsil Katghora, District Korba, Chhattisgarh ... Respondent(s) (Cause Title downloaded from CIS Periphery) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.09.16 10:44:08 +0530 2 For Petitioner(s) : Mr. Abhijeet Mishra, Advocate For Respondent /State For Respondent No.4 : Mr. Abhyoday Tripathi, Panel Lawyer Mr. Devesh G. Kela, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 11/09/2026 1. By way of this petition, the petitioner seeks the following reliefs : 10.1 The Hon'ble Court may kindly be pleased to issue appropriate writ/writs, direction/directions, order/orders and direct the Respondent No. 3 to take appropriate action on the notice issued by him on 20-04-2022 within a stipulated period of 07 days. 10.2 The Hon'ble Court may further be pleased to direct the Respondent No. 1 to take appropriate deciplinary action against the Respondent No. 3 for his illegal and arbitrary omission due to which the petitioner has to approach this Hon'ble Court. 10.3 Call for the records of the case for kind perusal of the Hon'ble Court. 10.4 Any other relief, which the Hon'ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioner. 2. Brief facts of the case, as projected by the petitioner, are that the petitioner and respondent No. 4 are brothers and co-owners of 3 unpartitioned joint land bearing Khasra No. 150 (Area 0.053 Hectare), situated at Village Nawagaon, Tahsil Katghora, District Korba. The disputed land is jointly recorded in the revenue records in the names of Krishna Chandra, Ram Chandra, Raj Prakash, Ved Prakash, Bramha Prakash and Pratibha jointly. In August 2021, respondent No. 4 commenced unauthorized construction over the subject land without obtaining a legal partition or building permission from Municipal Council, Katghora. In the revenue proceedings, the Commissioner, Bilaspur Division, vide order dated 22.08.2022, set aside the orders of the subordinate revenue courts and directed the parties to seek partition of the joint land. Meanwhile, Respondent No. 3 (Municipal Council, Katghora) issued several notices to respondent No. 4, culminating in a final notice dated 20.04.2022 under Section 187 of the Chhattisgarh Municipalities Act, 1961), requiring him to remove the illegal construction within seven days, failing which it would be demolished at his cost. Despite the petitioner submitting repeated representations from 05.05.2022 to 27.12.2022, Respondents No. 1 to 3 arbitrarily failed to enforce the final notice dated 20.04.2022. Hence, the petitioner has preferred this Writ Petition seeking a direction to the respondent authorities to execute the notice dated 20.04.2022 in accordance with law. 3. At the outset, learned counsel for the petitioner makes a limited prayer to dispose of this petition with a direction to Respondent 4 No. 3 to take the notice dated 20.04.2022 (Annexure P/9) to its logical conclusion within a stipulated period fixed by this Court. 4. The aforesaid limited prayer made by learned counsel for the petitioner is opposed by learned counsel for respondent No.4. He submits that the limited issue involved in the present case pertains to the partition of property between two real brothers. He submits that at the instance of the petitioner, notices were issued by the Municipal Council, Katghora, in order to avoid the real dispute between the parties i.e. in respect of partition. He further submits that both the petitioner and respondent No. 4 are co- owners of the land in question and respondent No. 4 raised the construction with the petitioner's consent. Hence, the notice issued by the Respondent-Municipal Council is not in accordance with law. 5. Heard learned counsel for the parties and also perused the documents annexed with the petition with utmost circumspection. 6. Considering the limited prayer made by learned counsel for the petitioner, this Court deems it appropriate to dispose of this petition with a direction to the concerned authority to decide the notice issued against respondent No. 4 on its own merits and in accordance with law. The authority shall consider the main dispute between the parties and afford respondent No.4 a due opportunity of hearing with liberty to place relevant documents on record. If any party is aggrieved by the proceedings under the said notice, they shall be at liberty to submit an appropriate representation or 5 application before the competent authority. Furthermore, respondent No.4 i.e. affected party shall be at liberty to raise all legal and factual objections before the competent authority, including that the matter is essentially a civil dispute. Ordered accordingly. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. This order is only being passed solely with respect to the notice issued to respondent No.4, so that amicable resolution or final conclusion may be reached between the parties. 8. With the aforesaid observations/directions, the Writ Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay