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2026 DAILYLAW 36344 (CHH)

SEVAK NISHAD v. STATE OF CHHATTISGARH

WPC/823/2023 · 2026-09-17

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010057982023 2026:CGHC:40794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 823 of 2023 1 - Sevak Nishad S/o Hemsingh Nishad Aged About 36 Years R/o Ward No.15, Nagar Palika Parishad, Gariyaband, Tashil And District - Gariyaband (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Atal Nagar, Naya Raipur (C.G.) 2 - The Commissioner, Raipur Division, District- Raipur (C.G.) 3 - The Collector, District- Gariyaband (C.G.) 4 - The Sub-Divisional Officer (Revenue) Gariyaband, District- Gariyaband (C.G.) 5 - The Tahsildar, Gariyaband, District- Gariyaband (C.G.) 6 - The Chief Municipal Officer, Nagar Palika Parishad, Gariyaband, District - Gariyaband (C.G.) 7 - Tamsan Ratre, Posted As Chief Municipal Officer, Nagar Palika Parishad, Gariyaband, District- Gariyaband (C.G.) ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Amitesh Kumar Pandey, Advocate. For Respondent(s)/State : Mr. Hariom Rai, Panel Lawyer. For Respondents No. 6 & 7 : Mr. Dhiraj Kumar Wankhede, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 18/09/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents not to remove the petitioner from the land bearing khasra no. 911/12 admeasuring area 51 sq.mtr. situated at Village Gariyaband, Tahsil & District- Gariyaband (C.G.). 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondents to pay adequate damages compensation of Rs. 70,05,000/- to the petitioner towards forceful demolition of property of petitioner. and for mental harassment, in accordance with law. 10.4 That, the Hon'ble Court may kindly be pleased to direct the respondent no. 1 to take appropriate action against the respondent no. 7 for forceful demolition of 3 property of petitioner, in accordance with law. 10.5 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case. 10.6 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 22.03.2023 (Annexure P/12) and further be pleased to direct the respondent no. 2 to decide the appeal on its own merits.” 2. Learned counsel for respondents No. 6 and 7 submits that the petitioner was operating a hotel near the passenger waiting shed situated at Ward No. 09, Bus Stand, within the limits of Nagar Palika Parishad, Gariyaband. It is further submitted that the Nagar Palika Parishad, Gariyaband has provided two shops to the petitioner for operating the said hotel and that the work of installing shutters in the said shops was completed on 04.02.2023. The petitioner was accordingly informed that he could operate the hotel from the said shops. Learned counsel further submits that the concerned authorities are ready to hand over the two shops to the petitioner in lieu of the shop which, according to the petitioner, was demolished. He, therefore, submits that the present petition may be disposed of in view of the aforesaid arrangement. 3. At this stage, learned counsel for the petitioner submits that the petitioner has no objection if respondents No. 6 and 7 allot and hand over possession of the two shops to him. However, he 4 submits that, in case the said shops are not allotted or possession is not handed over to the petitioner, he may be granted liberty to approach the concerned authorities for appropriate relief. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, the petitioner is directed to approach the concerned authorities within a period of 15 days from the date of receipt of a copy of this order. Thereafter, the concerned authorities shall hand over possession of the two shops to the petitioner, as stated by learned counsel for respondents No. 6 and 7 in their affidavit, within a further period of 30 days. 6. It is made clear that if the aforesaid arrangement is not complied with, the petitioner shall be at liberty to approach the concerned authorities and seek appropriate relief in accordance with law. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat