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2026 DAILYLAW 743 (CHH)

SMT. REETU AGRAWAL v. THE STATE OF CHHATTISGARH

WPC/1226/2026 · 2026-03-17

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:12992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1226 of 2026 Smt. Reetu Agrawal W/o Shri Madan Agrawal Aged About 36 Years R/o Plot No. 45, Ward No. 31, Agrawal Trading Company, Jhagraha, Korkoma, Distt. Korba, Chhattisgarh. ... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, Nagriya Prashashan And Vikas Vibhag, Mantralaya, Raipur, Chhattisgarh. 2 - The Collector Distt. Korba, Chhattisgarh. 3 - Sub Divisional Officer (R) Korba, Distt. Korba, Chhattisgarh. 4 - Tahsildar Korba, Distt. Korba, Chhattisgarh. 5 - Municipal Corporation Korba Through Its Commissioner, Municipal Corporation, Korba, Chhattisgarh. 6 - Building Officer Municipal Corporation Korba, Chhattisgarh. 7 - Superintendent Of Police Distt. Korba, Chhattisgarh. ... Respondents {Cause title, as taken from Case Information System} For Petitioner : Mr. Parag Kotecha, Advocate. For Resp. No. 1,2,3,4 & 7 For Resp. No. 5 & 6 : : Mr. Shobhit Misha, Dy. Govt. Advocate. Mr. Shashank Thakur, Advocate. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 18/03/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs:- “(I) Quash / set-aside the notice dated 26/2/26 Annexure P/4, in the interest of justice. 2 (ii) direct the respondents not to demolish the construction over the property situated at Khasra No. 415/5 Rakba 0.10 Acres / 0.040 Hectare at Village Jhagraha, P. No. 25 Tahsil and Distt. Korba. (iii) Any other relief which this Hon’ble Court deems fit an proper under the fact and circumstances of the case and in the interest of justice. 2. Learned counsel appearing for the petitioner submits that he may be permitted to withdraw the instant petition with liberty to file appropriate application under Section 308 A & 308 B of the Municipal Corporation Act, 1956 (for short, “Act, 1956”) before respondents No. 5 & 6 for redressal of his grievance. He further submits that the respondent No. 5 may be directed to decide the application filed by the petitioner within a specific time frame. Till the, interim protection may be granted to the petitioner. 3. In reply, counsel for respondents No. 5 & 6 submits if the said application will be filed by the petitioner, then the same shall be considered and decided in accordance with law. 4. Having considered the contention putforth by counsel for both the parties, this petition is disposed of granting liberty in favour of the petitioner to file application under Section 308-A /308-B of the Act, 1956 before respondent No. 5 within a period of 15 days from today. In the eventuality of filing such application by the petitioner, the respondent No. 5 is directed to decide the same within a further period of 30 days after affording due opportunity of hearing to the petitioner in accordance with law. It is further observed that till decision of aforesaid application, no coercive steps shall be taken against the petitioner. 5. With the aforesaid observation & direction, the writ petition is disposed of. 6. Pending interlocutory application, if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.03.20 11:10:43 +0530 3 4