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2026 DAILYLAW 6047 (CHH)

SANJAY KUMAR GUPTA v. STATE OF CHHATTISGARH

WPC/1703/2026 · 2026-04-12

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2026:CGHC:16978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1703 of 2026 Sanjay Kumar Gupta S/o Late Vishnu Dutt Gupta Aged About 60 Years R/o Phuwara Chowk, Infront Of Purnima Fashion, Baikunthpur, District- Koriya (C.G.) --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban And Rural Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Collector Baikunthpur, District- Koriya (C.G.) 3 - Sub-Divisional Officer (R) And Nazul Officer Baikunthpur, District- Koriya (C.G.) 4 - Municipal Council Baikunthpur, District- Koriya (C.G.) Through Its Chief Municipal Officer, Municipal Council, Baikunthpur, District- Koriya (C.G.) 5 - Chief Municipal Officer Municipal Council, Baikunthpur, District- Koriya (C.G.) 6 - District Regularisation Authority Baikunthpur, District- Koriya (C.G.) Through Its Chairman, District Regularisation Authority, Baikunthpur, District- Koriya (C.G.) --- Respondents For Petitioner : Mr. Malay Shrivastava, Adv. along with Ms. Sameeksha Gupta, Adv. For Respondents No. 1 to 3 & 6. : Dr. Arham Siddiqui, Panel Lawyer Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 13-4-2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- 10.1. That this Hon'ble Court may kindly be pleased to direct the respondent No. 6 to produce the entire records. 10.2. This Hon'ble Court may kindly be pleased to direct the respondent No. 6 to finalized the application of the petitioner for regularization of the unauthorized AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.04.16 11:05:00 +0530 2 development in the land of the petitioner after taking the amount of penalty as determined by the Respondent No. 6 in the meeting dated 21/09/2023 and conclude the proceeding at the earliest within the stipulated time framed by this Hon'ble Court. 10.3. Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in the interest of justice. 10.4. Cost of the petition. 2. Learned counsel for the petitioner would submit that, Patta was granted in the name of the petitioner for the land situated at Nazul Plot No. 155/2, area 2400 sq.ft. in Maintenance Khasra. After taking necessary permission and No Objection Certificate from the concerned authorities, the petitioner has raised construction over the said land, however, some extra construction was done by the petitioner, therefore, the petitioner has submitted an application for regularization of the unauthorized construction done by him under the provisions of Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 and the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Niyam, 2002. He would further submit that, respondent No. 6 has completed all the proceedings and vide its meeting dated 21-9-2023, out of 80 cases of regularization, 79 cases have been disposed of and only the case of the petitioner was kept pending, whereas penalty amount of Rs. 5,18,193/- has also been determined by respondent No. 6, but respondent authorities are neither taking the amount from the petitioner 3 nor they are concluding the proceeding of regularization of said unauthorized construction. Learned counsel would also submit that, the petitioner has filed an application (Annexure P-8) in this regard, therefore the respondent No. 6 may be directed to conclude the proceeding of regularization initiated on account of application (Annexure P-8) filed by the petitioner within the stipulated period. 3. Learned counsel for the respondents No. 1 to 3 & 6/State would submit that, said regularization proceeding is under consideration and the same will be decided expeditiously. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having considered the limited prayer made by learned counsel for the parties, without entering into merits of the case, this writ petition is disposed of directing the respondent No. 6 to conclude the regularization proceeding initiated by it in pursuance of application (Annexure P-8) dated 28-8-2021 filed by the petitioner as early as possible preferably within a period of 30 days from the date of receipt of copy of this order. 6. With the aforesaid observations and directions, this writ petition is disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak