2025:CGHC:57142-DB NAFR Digitally signed by JYOTI JYOTI SHARMA SHARMADate:

2025.11.26

1 + 2 0 : 5 0 3 8 0 :50 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6145 of 2025 Chandra Prakash Mittal S/o Late Prabhudayal Mittal Aged About 68 Years R/o Bada Bazar, Chirimiri, District- (M.C.B.), Chhattisgarh.

...Petitioner(s)

versus

1 - State Of Chhattisgarh Through- Secretary, Urban Development And Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh.

2 - Collector District- (M.C.B.), Chhattisgarh.

3 - Municipal Council Manendragarh Through- Chief Municipal Officer, District- (M.C.B.), Chhattisgarh.

4 - Director Town And Country Planning, Baikunthpur, District- Korea, Chhattisgarh.

5 - Real Estate Regulatory Authority Through- Chairman, Shashtri Chowk, Raipur, Chhattisgarh.

6 - Chhattisgarh State Power Distribution Company Limited (Cspdcl) Through - Managing Director, Vidyut Seva Bhavan, Danganiya, Raipur, Chhattisgarh.

7 - Kulwant Singh S/o Late Guruvachan Singh Aged About 80 Years R/o Ward No. 12, In Front Of Dr. Karan Clinic, Manendragarh, District-

(M.C.B.), Chhattisgarh.

8 - Charanjeet Singh Raina S/o Kulwant Singh Aged About 46 Years R/o Ward No. 12 In Front Of Dr. Karan Clinic, Manendragarh, District (M.C.B.), Chhattisgarh.

9 - Bhupendra Singh S/o Jagjeet Singh Aged About 41 Years R/o Ward No. 12 In Front Of Dr. Karan Clinic, Manendragarh, District (M.C.B.), Chhattisgarh.

10 - Tejwant Singh Raina S/o Kulwant Singh Aged About 54 Years R/o Ward No. 12 In Front Of Dr. Karan Clinic, Manendragarh, District (M.C.B.), Chhattisgarh.

...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner(s) : Mr. Ayush Mittal, Advocate For Respondent(s) : Mr. Praveen Das, Dy. AG For Respondent : Mr. Akash Pandey, Advocate on behalf of Mr.

No.6: Mayank Chandrakar, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, J

25/11/2025

1. This Writ Petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

“10.1 To issue a Writ in the nature of Mandamus or any other appropriate Writ, Direction, or Order, declaring that Rule 15-A Sub-rule (1) and Rule 15-B of the Chhattisgarh Municipal Corporation and Municipalities (Registration of Colonizer, Terms and Conditions) Rules, 2013, as amended, are ultra vires the Chhattisgarh Municipalities Act, 1961, the Chhattisgarh Municipal Corporation Act, 1956, and violative of Articles 14, and 21 of the Constitution of India.

10.2 To declare that Notification No. F 7-8/2011/18, dated 21.08.2019, whereby the State extended the cutoff date for regularization to 31.07.2019 and reduced the occupancy threshold to 10%, is an arbitrary exercise of delegated legislative power, inconsistent with the object of the parent Acts, and thus ultra vires the parent statutes and the Constitution.

10.3 To issue a Writ in the nature of Mandamus or any other appropriate Writ, Direction, or Order restraining the respondents from enforcing Rules 15-A Sub-rule (1) and 15-B of the 2013 Rules, or acting in furtherance of the provisions therein.

10.4 To issue a Writ in the nature of Mandamus or any other appropriate Writ, Direction, or Order to direct the Respondent Authorities, particularly Respondents Nos. 2 (Collector), 3 (Chief Municipal Officer), 4 (Director, Town and Country Planning), and 5 (Chairman, RERA), to forthwith initiate and pursue to conclusion all mandatory penal proceedings and statutory sanctions against the private Respondents (Nos. 7 to 10) for unauthorized colonization, illegal diversion of land, and violations of planning and real-estate laws, including, but not limited to:

• Initiating criminal complaints and proceedings for management takeover and land forfeiture under Sections 339-C to 339-G of the Chhattisgarh Municipalities Act, 1961.

• Issuing mandatory demolition/restoration orders under Sections 36 and 37 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

• Ini