1 2026:CGHC:20448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2734 of 2022 Shree Swastik Rice Mills (A Partnership Firm Registered Under The relative provisions of Law) through its one of the Partner Shri Prakash Bothra, Aged About 70 Years, S/o Late Ranulal Bothra, having address at Ganj Road, Nawapara Rajim, Tehsil Abhanpur and District Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Municipal Council Gobra, Nawapara, District Raipur, Chhattisgarh 2 - Chief Municipal Officer, Municipal Council, Gobra Nawapara, District Raipur, Chhattisgarh ... Respondent(s) (Cause title downloaded from CIS Periphery) For Petitioner(s) : Mr. Aniruddh Shrivastava, Advocate For Respondent(s) : Mr. Siddhant Das, Advocate SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.05.02 10:48:06 +0530 2 S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/05/2026 1. Heard. 2. By way of the present petition, the Petitioner seeks to challenge the memo/notice dated 6.4.2022 (Annexure P/1). It is submitted that Respondent No.2, acting without authority and without serving notice to the Petitioner, conducted a demarcation of the Petitioner’s land in their absence. Furthermore, without following the prescribed procedure under the Land Revenue Code, the concerned respondent issued the impugned memo/notice alleging unauthorized possession of an excess 11,000 sq. ft. of land over Khasra Nos.857/4 and 857/5, which belong to the Petitioner. 3. The Petitioner seeks the following reliefs in the petition : A. A writ and/or an order in the nature of writ of appropriate nature do issue commanding and directing the respondents to produce before this Hon'ble Court all the relevant records pertaining to the case of the petitioners for its kind perusal. B. A writ and/or an order in the nature of writ of appropriate nature do issue to quash the impugned notice/memo dated 06.04.2022 issued by the respondent authorities against the petitioners. C. Any other relief which this Hon'ble Court may deem fit 3 in the facts & circumstances of cas. D. Cost of the petition may also be awarded. 4. Mr. Siddhant Das, learned counsel for the Respondent- Municipal Council, Gobra Nawapara, submits that the subject notice/memo was issued on the basis of a demarcation report submitted by the concerned Tehsildar. According to the said report, the Petitioner was found to be in possession of Municipal Council land; as such, the Council issued the notice for removal of the unauthorised occupation. 5. Mr. Aniruddh Shrivastava, learned counsel for the Petitioner submits that the notice is vague, as it does not disclose the extent of the land allegedly occupied or the specific boundaries involved. 6. Considering the aforesaid aspects of the matter, without entering into the merits of the case, the Municipal Council, Gobra Nawapara is directed to issue a fresh notice disclosing all relevant details of the alleged encroachment. The Petitioner is also directed to approach the concerned authorities and submit title documents to demonstrate that they have not occupied excess land. 7. The Petitioner shall appear before the concerned authority i.e. Muncipal Council, Gobra Nawapara on 15.5.2026. On that date, the Municipal Council shall apprise the Petitioner of the specific facts and serve a fresh notice detailing the alleged occupation. 8. It is directed that untill a decision regarding the extent of the 4 occupation is reached, no coercive steps shall be taken against the Petitioner. It is further observed that the Petitioner shall comply with any subsequent orders passed by the concerned authority in accordance with law. 9. With the aforesaid observations/directions, the Writ Petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay