2026:CGHC:9456-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 463 of 2026

1 - Pankaj Joshi S/o Shri Balkrishna Joshi Aged About 47 Years R/o Own Shops At Balani Chowk, Rajendra Ward, Mungeli, Dist. Mungeli C.G.

2 - Jawahar Sonkar S/o Churavan Sonkar Aged About 20 Years R/o Own Shops At Balani Chowk, Rajendra Ward, Mungeli, Dist. Mungeli C.G.

3 - Naresh Shukla S/o Late Shri Vishnuprasad Shukla Aged About 55 Years R/o Own Shops At Balani Chowk, Rajendra Ward, Mungeli, Dist. Mungeli C.G.

4 - Ramkrishna Tiwari S/o Shivshankar Tiwari Aged About 55 Years R/o Own Shops At Balani Chowk, Rajendra Ward, Mungeli, Dist. Mungeli C.G.

... Petitioners versus

1 - State Of Chhattisgarh Through The Secretary Of Ministry Of Urban Administration And Development Department, Mahanadi Bhavan, Mantralaya, Naya Raipur, Dist.- Raipur C.G. 2 - Collector Of Mungeli, Dist. Mungeli C.G.

3 - Sub-Divisional Officer, Division- Mungeli City, Mungeli, Dist. Mungeli C.G.

VED PRAKASH DEWANGAN

4 - Tehsildar Of Mungeli, Dist. Mungeli C.G.

Digitally signed by VED PRAKASH DEWANGAN Date: 2026.02.25

5 - Chief Municipal Officer, Office Of Municipal Council- Mungeli, Dist.-

Mungeli C.G.

6 - Vikas Singh Thakur, Navagarh, Dist.- Bemetara C.G. (Contractor Of R-5)

---- Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. Pallav Mishra, Advocate For Respondents 1 to 4/State : Mr. Priyank Rathi, Govt. Advocate For Respondent No.5 : Mr. Shikhar Shukla, Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, C.J.

24/02/2026

1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioners, who are stated to be shop owners carrying on their business at Balani Chowk, Rajendra Ward, Mungeli, District Mungeli (C.G.), calling in question the legality, validity and propriety of the order dated 04.04.2025 bearing No. 99/Municipal Council/2025-2026 issued by respondent No.5 – Chief Municipal Officer, Municipal Council, Mungeli, whereby a decision has been taken to construct/erect an idol of Goddess Maa Parmeshwari in the middle of Balani Chowk, Mungeli. The grievance of the petitioners is that the proposed erection of the idol at the midst of the said square, which is asserted to be one of the busiest and narrowest squares of the city, would result in obstruction of traffic movement, cause public inconvenience, and substantially interfere with the ingress and egress of the petitioners’ shops, thereby adversely affecting their right to carry on trade and business. It has been further pleaded that despite submission of several representations before the competent authorities objecting to the proposed construction and suggesting an alternative suitable location, no effective action has been taken and the respondents are proceeding with the implementation of the impugned order, constraining the petitioners to invoke the extraordinary jurisdiction of this Court.

2. The petitioners have filed the present petition seeking for the following reliefs:-

“10.1 This Hon'ble Court may kindly be pleased to allow the petition filed by the petitioner;

10.2 This Hon'ble Court be pleased to quash the impugned order dated 04.04.2025, issued by CMO, Municipal Council of Mungeli, bearing number 99/Municipal Council/2025-2026 or direct the R-5 to establish or erect the idol in some other suitable place so as not to disturb traffic of the road and block the entries and exit of the petitioner's shop;

10.3 Any other relief as deem fit by this Hon'ble Court.”

3. The facts of the case as emerges from the pleadings of the petition are that, the petitioners are shop owners carrying on their respective businesses at Balani Chowk, Rajendra Ward, Mungeli, District Mungeli (C.G.), which is one of the busiest and narrowest commercial squares of the city and serves as a principal approach road to the main market. In the year 2023, Respondent No. 5 – Chief Municipal Officer, Municipal Council,