2026 Supreme(Online)(Chh) 2665
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PRINCIPAL GEETANJALI SANGEET MAHAVIDYALAYA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/507/2026
Digitally signed 2026:CGHC:7029 by RAMESH KUMAR VATTI Date: 202 6.02.11 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 507 of 2026 * - Principal Geetanjali Sangeet Mahavidyalaya Through- Shri V.N. Bhole S/o Late N.N. Bhole Aged About, 75 Years, Occupation- Principal Geetanjali, Sangeet Mahavidyalaya, Kasaridih Civil Lines, Durg (C.G.)
... Petitioner Versus
1 - State Of Chhattisgarh Through- Secretary, Department Of School, Education, Mahanadi Bhawan Mantralaya, Capital Complex, New Raipur, District- Raipur (C.G.)
2 - Collector District- Durg (C.G.)
3 - District Education Officer Durg District- Durg (C.G.)
4 - Block Education Officer Durg District- Durg (C.G.)
... Respondents For Petitioner : Mr. Ashok Patil, Advocate For Respondents/State : Mr. Sabyasachi Choubey, Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
09/02/2026
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 That, this Hon’ble Court may be pleased to set aside/quash the memo No. 75/vidya/2026 (Annex. P-1) issued by the respondent No. 4 with a direction to not to take any action for vacating the college premises without due process of law.
10.2 That the Respondent No. 1 may be directed to take action against the Respondent No. 4 as to why the memo issued against the petitioner for vacant the premises in two days by order dated 27-01-2026 Annexure P-1.
10.3 Any other relief, which this Hon’ble Court may deem fit and proper according to the facts and circumstances of the case along-with the cost of the petition.”
2. Mr. Ashok Patil, learned counsel appearing for the petitioner would submit that the petitioner institution was allotted primary school building to run a private college vide order dated 23.02.1980. He would submit that the Block Education Officer vide order dated 27.01.2026 directed the petitioner to vacate the premises within 02 days. He would contend that the examinations are scheduled on 07th & 08th of February 2026. He would further submit that as the building was allotted by Municipalities, therefore, the Block Education Officer has no right to issue eviction notice.
3. On the other hand, Mr. Sabyasachi Choubey, Government Advocate appearing for the respondents/State would submit that the petitioner is running a private college in the government building, therefore, the Block Education Officer issued a notice to vacate it within period of 02 days. Mr. Choubey would submit that the Government Navin Shaskiya Sangeet Mahavidyalaya is proposed to run in the primary school which is allotted to the petitioner.
4. Heard learned learned counsel for the parties.
5. Taking into consideration the fact that a private college is being run in the government building, therefore, in my opinion, the Block Education Officer rightly issued notice to the petitioner to vacate the premises within 02 days, but taking into consideration the fact that the examinations are scheduled on 07th & 08th of February 2026, the petitioner is granted 07 days time to make alternative arrangement.
6. Accordingly, the petition is disposed of Sd/-
(Rakesh Mohan Pandey)
Judge
vatti