1 CGHC010275242022 2026:CGHC:41346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3805 of 2022 M/s Satna Minerals And Metals Pvt. Ltd. Having Registered Office At 62/6 Nehru Nagar (East), Agrsen Marg, Bhilai, Tehsil, Durg Represented Through Om Prakash Singhania, Director M/s Satna Minerals And Metals Pvt Ltd. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Commerce And Industry 2 - Managing Director Chhattisgarh State Industrial Development Corporation, Udyog Bhawan, Ring Road No. 1, Telibandha, Raipur Chhattisgarh 3 - Chief General Manager District Trade And Industries Centre, Durg Chhattisgarh 4 - M/s Punjstar Insulation Fiber Company Represented Through Director Ashok Punj, Registered Address, Bhavi Heavy Industrial Area, Plot No. 5 And 6, Hathkhoj Bhilai, District Durg Chhattisgarh 5 - Secretary Department Of Revenue And Disaster Management. Digitally signed by AMIT PATEL 2 6 - Secretary Department Of Urban Administration And Development. 7 - Commissioner Municipal Corporation, Charoda Bhilai, District- Durg (C.G.) 8 - Collector Durg, District- Durg (C.G.) 9 - S.D.O (Revenue) Durg, District- Durg (C.G.) ---Respondents (Cause title taken from CIS System) For Petitioner : Mr. Himanshu Pandey, Advocate For Respondents/State : Mr. Akhilesh Kumar, GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 23.09.2026 1. The petitioner has filed this writ petition with seeking following reliefs:- “10.1.That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the respondents in the interest of justice. 10.2 That the Hon'ble Court may be kind enough to issue an appropriate writ/order/direction against respondents including the writ of mandamus directing the respondents, particularly Respondent No. 1 and Respondent No.3 to decide the representation made by the petitioner 10.3 That the Hon'ble Court may be kind enough to issue an appropriate writ/order/direction to the respondent no. 1 and respondent no. 3 to remove 3 the illegal structure and possession from the approach road within the stipulated time period.” 2. Learned counsel for the petitioner submits that the present petition is not directed against any particular order, but against the inaction of the respondent authorities in considering the petitioner’s representations seeking removal of encroachment from the approach road leading to the allotted plots bearing PH No. 18, Khasra Nos. 22/1, 23/1, 25/1, 26, 27, 28, 29/1, 2, 3, 32, 30, 34/1, 33/1, 4 and 35/1, allotted in favour of the petitioner’s company for establishing an industry for manufacture of fabrication, plant structures, machines and ancillary purposes under the registered agreement dated 25.01.2021/27.01.2021. It is further submitted that M/s Punjstar Insulation Fiber Company has unauthorisedly occupied the approach road, despite several representations made by the petitioner to the concerned authorities for removal of such encroachment. Owing to the said obstruction, the petitioner is unable to execute the work in terms of the agreement. As per Clause 3.1.1 of the Circular of 2020 issued by the Department of Trade & Commerce, State of Chhattisgarh, the work on the allotted lease land is required to be completed within three years from the date of allotment. Since the agreement was executed in January 2021 and more than one year had already elapsed, the petitioner has approached this Court seeking appropriate relief against the inaction of the respondent authorities. 4 3. Learned counsel for the State submits as stated in para 4 and 5 of the reply that the General Manager District Trade and Industries Centre issued various letters to the respondent No.4/M/s. Punjstar Insulation Fiber Company as well as the Sub Divisional Officer (Revenue) to remove the encroachment from the land leased out to the present petitioner and thus it is appropriate that in the present the Secretary, Department of Revenue & Disaster Management, Government of Chhattisgarh; Secretary, Urban Administration Development, Government of Chhattisgarh; Collector Durg; Sub Divisional Officer (Revenue) Durg and the Commissioner, Municipal Corporation Bhilai Charoda-Bhiali District Durg (CG) be impleaded as party respondents and the answering respondents/State crave leave of this Hon'ble Court to issue appropriate direction to the revenue authorities to remove the encroachment upon the land leased out to the petitioner within a stipulated time. It is respectfully submitted that upon the consent and letter of the petitioner dated 3rd October, 2013 and as per the industrial policy of the State Government the petitioner has been allotted land on lease vide land allotment order dated 29th December, 2020 and accordingly an agreement executed between the CGM, DIC Durg and petitioner on 27/01/2021 with effect from 25/01/2021 in respect to the land bearing P.H.No. 18 Khasra Nos. 22/1, 23/1, 25/1; 26; 27; 28; 29/1, 2, 3; 30; 32; 33/1, 2, 4; 34/1 & 35/1 admeasuring 2.613 Hectares for establishing a small scale industry in Bhilai Industrial Area for setting up a 5 fabrication unit for structural and machine fabrication. He further submits that the Chief General Manager, District Trade and Industries Centre, District Durg (C.G.), had addressed further letters dated 16/12/2024 to the Commissioner, Municipal Corporation, Charoda-Bhilai, District Durg (C.G.), and the Sub- Divisional Officer (Revenue), Durg, for removal of the encroachment made by respondent No. 4. In view of the aforesaid submissions, it is submitted that the answering respondents have duly considered the representation of the petitioner and have issued letters and reminders to respondent No. 4 for removal of the encroachment from the approach road leading to the petitioner's unit. Further, communications have also been addressed to the Sub-Divisional Officer (Revenue), Durg (C.G.), as well as the Commissioner, Municipal Corporation, Charoda- Bhilai, District Durg (C.G.), for taking necessary steps for removal of the encroachment. It is, therefore, submitted that, in the facts and circumstances of the present case, the Secretary, Department of Revenue and Disaster Management, Government of Chhattisgarh; Secretary, Department of Urban Administration and Development, Government of Chhattisgarh; Collector, District Durg; Sub-Divisional Officer (Revenue), Durg, District Durg; and Commissioner, Municipal Corporation, Charoda-Bhilai, District Durg (C.G.), be impleaded as party respondents and be directed to take necessary steps for removal of the encroachment within a stipulated period. 6 4. Having heard learned counsel for the parties and having perused the reply filed by the State in paras 4 and 5 thereof, it would be apposite to quote paras 4 and 5 of reply of the State which reads as under:- “4. It is respectfully submitted that the General Manager District Trade and Industries Centre issued various letters to the respondent No.4/M/s. Punjstar Insulation Fiber Company as well as the Sub Divisional Officer (Revenue) to remove the encroachment from the land leased out to the present petitioner and thus it is appropriate that in the present the Secretary, Department of Revenue & Disaster Management, Government of Chhattisgarh; Secretary, Urban Administration Development, Government of Chhattisgarh; Collector Durg; Sub Divisional Officer (Revenue) Durg and the Commissioner, Municipal Corporation Bhilai Charoda-Bhiali District Durg (CG) be impleaded as party respondents and the answering respondents/State crave leave of this Hon'ble Court to issue appropriate direction to the revenue authorities to remove the encroachment upon the land leased out to the petitioner within a stipulated time. 5. It is respectfully submitted that upon the consent and letter of the petitioner dated 3rd October, 2013 and as per the industrial policy of the State Government the petitioner has been allotted land on lease vide land allotment order dated 29th December, 2020 and accordingly an agreement executed between the CGM, DIC Durg and petitioner on 27/01/2021 with effect from 25/01/2021 in respect to the land bearing P.H.No. 18 Khasra Nos. 22/1, 23/1, 25/1; 26; 27; 28; 29/1, 2, 3; 30; 32; 33/1, 2, 4; 34/1 & 35/1 admeasuring 2.613 Hectares for establishing a small scale industry in Bhilai Industrial Area for setting up a fabrication unit for structural and machine fabrication. 7 5. After perusal of the aforesaid reply, it appears that the petitioner has already impleaded the Municipal Corporation as a party respondent. In view of the stand taken by the respondents in their reply, it would be appropriate to direct the concerned authorities of the State as well as the Municipal Corporation, Charoda-Bhilai, District Durg (C.G.) to take necessary steps in accordance with law for removal of the encroachment from the land allotted to the petitioner and thereafter, to ensure that possession of the said land is handed over to the petitioner. 6. With this observation and direction, this petition stands disposed of. 7. Interlocutory application(s), pending if any, also stands disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL