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2026 DAILYLAW 4572 (CHH)

SHANA VASWANI v. MUNICIPAL CORPORATION RAIPUR

WPC/723/2026 · 2026-02-17

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:8670 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 723 of 2026 Shana Vaswani W/o Pehlaj Vaswani Aged About 56 Years At Medishine Hospital Road, Amlidih, Raipur Chhattisgarh ... Petitioner versus 1 - Municipal Corporation Raipur Through Commissioner, At White House, Near Rang Mandir, Kalibadi, Raipur Chhattisgarh 2 - Zone Commissioner Zone 10, Raipur Municipal Corporation, At - Near Amlidih Community Hall Water Tank, Raipur Chhattisgarh .. Respondents For Petitioner : Mr. Vinay Nagdev, Advocate through VC For Respondents : Mr. Pankaj Agrawal, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 18.02.2026 1. The petitioner has preferred this petition under Article 226 of the Constitution of India, seeking following relief(s):- “1. The Court may kindly be pleased to pass appropriate writ(s)/order(s) and quash the notice of P/1 dated 09.02.2026 and consequently prohibit respondent no. 02 from arbitrarily interfering with the petitioner's enjoyment of her land and also prohibit them from illegally initiating any demolition drive at the petitioner's land. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.19 13:26:04 +0530 2 2. Alternatively, the Court may kindly be pleased to pass appropriate writ(s)/order(s) and direct respondent no. 02 to not proceed without first taking due diligence steps and considering the petitioner's reply in the interest of justice. 3. Any other relief/direction that the Court may deem fit in the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner submits that the petitioner has only raised compound wall and temporary shed on her land situated near Medishine Hospital, Dr. Rajendra Prasad Ward No.52, Amlidih, Raipur (CG) in order to protect her property from encroachment, and that the same does not amount to illegal construction. Despite that, respondent No.2 has issued notice dated 09.02.2026 (Annexure-P/1) for removal of said construction. Learned counsel further submits that the petitioner has filed reply dated 15.01.2026 (Annexure-P/2), but the same has not been considered. Hence, it is prayed that this petition may be disposed of with a direction to respondent No.1 to consider the reply (Annexure-P/2) of the petitioner and pass an order in accordance with law. 3. Learned counsel for the respondents has no objection on the limited prayer of the petitioner. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the submission of learned counsel for the petitioner and in view of no objection stated by learned counsel for the respondents, this petition is disposed of with a direction to respondent No.2 to consider the reply dated 15.01.2026 (Annexure-P/2) filed by the petitioner and to pass reasoned order within a period of 30 days from the date of receipt/submission of a copy of this order. 3 6. With aforesaid direction and observation, this petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini