1 CGHC010263682021 2026:CGHC:42142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4085 of 2021 Suryakant Shukla S/o Late Shri Kashi Prasad Shukla Aged About 57 Years R/o House No. 128 Hanuman Nagar Near Kalibadi Chowk, P.S. City Kotwali, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Municipal Corporation Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Shailendra Kumar Bajpai, Advocate For State/respondent : Dr. Arham Siddiqui, PL For Municipal Corporation/ Respondent No.2 : Mr. Sourabh Gupta, Advocate on behalf of Mr. Sourabh Sharma, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28.09.2026 1. The petitioner has filed the present petition seeking the following relief:- “ 10.1 That this Hon’ble Court may kindly be pleased to pass an order directing the respondents to grant permanent lease to the petitioner over the land Khasra No. 517 area Digitally signed by AMIT PATEL 2 315 square feet situated in new bus stand Pandri near Canal at Raipur 10.2 That the Hon’ble Court may kindly be call for the records for its kind perusal, which relates to petitioner’s matter.” 2. Learned counsel for the petitioner submits that the petitioner is in occupation of a piece of land bearing Khasra No. 517, admeasuring 315 square feet, near Bus Stand, Pandri, Raipur, District Raipur (C.G.), and has been in occupation of the said land for a long period. He has filed an application for grant of permanent lease, in which he has also paid the amount of premium and is still awaiting appropriate orders for grant of the lease. However, till date, the said application has not been decided, despite repeated prayers made by the petitioner. The petitioner has also approached the authorities from time to time and several orders have been passed. Since the petitioner has already paid the amount towards the lease premium, he is required to be granted a lease in respect of the land which is in his possession, bearing Khasra No. 517, admeasuring 315 square feet. Accordingly, an appropriate direction may be issued to the respondent authorities to consider the case of the petitioner in the light of the earlier recommendations and the amount of premium already paid by the petitioner, keeping in view the provisions contained under Article 19(g) of the Constitution of India. 3. On the other hand, learned counsel for the Municipal Corporation submits that the petitioner has already been offered a piece of land at the New Bus Stand, namely, the Inter State Bus Terminal (ISBT), Bhatagaon, Raipur. It is further submitted that no permanent lease can be 3 granted in favour of the petitioner and that the lease can only be granted for a specific period. Accordingly, it is submitted that the present petition is devoid of merit and is liable to be dismissed. 4. Learned State counsel submits that the dispute is essentially between the petitioner and the Municipal Corporation, and that the State is only a formal party to the present case. 5. Having heard learned counsel for the parties and considering the facts and circumstances of the case, as also upon perusal of the documents available on record, it appears that the petitioner is in occupation of a small piece of land admeasuring 315 square feet for a long period. It is further evident that the petitioner had filed an application for grant of lease, pursuant to which he was directed to deposit the premium, and accordingly, the petitioner deposited the requisite amount of premium long back. This Court vide its order dated 05.10.2021 has considered the aforesaid aspect of the matter and has passed an order in favour of the petitioner directing the respondents not to forcefully evict the petitioner otherwise than in due course of law. Considering the aforesaid facts and particularly the fact that the petitioner has been running from pillar to post for a long period, it would be appropriate to direct the respondent- Municipal Corporation to consider the application of the petitioner for grant of permanent lease in respect of the land bearing Khasra No. 517, admeasuring 315 square feet, situated at New Bus Stand, Pandri, Raipur, in accordance with law. While considering the application, the respondent-Municipal Corporation shall also take into consideration the provisions of Article 19(g) of the Constitution of India and pass an 4 appropriate order within a period of 90 days from the date of receipt of a copy of this order. Till the aforesaid period, the interim order dated 05.10.2021 passed by this Court shall continue. Even if any adverse order is passed against the petitioner, the petitioner shall be at liberty to file an appropriate application before the concerned authority in accordance with law. 6. With the aforesaid observations and directions, the petition stands disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL