1 CGHC010393152026 2026:CGHC:42941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5086 of 2026 1 - Smt. Yash Kumari Verma W/o Shri Jaichand Verma Aged About 49 Years R/o Infront Of Mansa College, Kurud, Bhilai, District Durg Chhattisgarh ... Petitioner(s) versus 1 - Municipal Corporation Bhilai Through Its Commissioner, Akash Ganga Supela, G.E. Road, Bhilai, District Durg Chhattisgarh 2 - Collector, Durg District Durg Chhattisgarh 3 - Executive Engineer Chhattisgarh State Power Transmission Company Limited, Bhilai, District Durg Chhattisgarh ... Respondent(s) ( Cause title taken from CIS Periphery) For Petitioner(s) : Mr. Manish Upadhyay, Advocate For Respondent No.1 : Mr. Vijay Ojha appears on behalf of Mr. Rakesh Kumar Ojha, Advocate, appears on advance copy For Respondent/State : Mr. Priyank Rathi, Government Advocate, appears on advance copy SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/10/2026 RUCHI YADAV Digitally signed by RUCHI YADAV 2 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1) That, the Hon'ble court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to its case. 10.2) That, the Hon'ble Court may kind enough to issue an appropriate writ by quashing the impugned demolition notice /order dated 25.09.2026 (Annexure P/1) issued by respondent no. 1. 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner submits that a notice dated 25.09.2026 has been issued to the petitioner for removal of the alleged encroachment, against which the present petition has been filed. He further submits that the petitioner has already filed a reply before the authorities concerned in the proceedings initiated under Section 307(3) of the Chhattisgarh Municipal Corporation Act, 1956. He, therefore, prays that the authorities concerned may be directed to consider the reply submitted by the petitioner and pass an appropriate order in accordance with law. 3. Learned counsel appearing for respondent No.1/Municipal Corporation, Bhilai, submits that the petitioner has raised a construction which is not in accordance with law, as the right of way in respect of the high- tension electricity line has been obstructed, which may pose a serious hazard in future. He further submits that the concerned authorities have 3 issued a communication to the Municipal Corporation, Bhilai and pursuant thereto, the respondent authorities have issued the impugned notice to the petitioner. Since the notice has already been issued and the matter is pending consideration before the Municipal Corporation, Bhilai, under Section 307(3) of the Chhattisgarh Municipal Corporation Act, 1956, the petitioner may avail the remedy available to him in accordance with law. He, therefore, submits that the present petition is not maintainable. 4. Having heard learned counsel for the parties and having perused the records, particularly the impugned notice dated 25.09.2026, this Court is of the considered opinion that the petitioner ought to approach the authorities concerned as serious allegations have been made regarding the construction raised by the petitioner, which is alleged to be hazardous and may pose a danger in future. Accordingly, the authorities concerned are directed to consider the reply submitted by the petitioner and decide the proceedings in accordance with law, after affording due opportunity of hearing to the petitioner. 5. Since the matter is already pending before the Municipal Corporation, Bhilai, under Section 307(3) of the Chhattisgarh Municipal Corporation Act, 1956, the petitioner is relegated to avail the remedy before the authorities concerned in respect of his grievances. 6. With the aforesaid directions and observations, the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ruchi