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2026:CGHC:22647

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 2470 of 2026

Mehraban Singh S/o Late Shri Darshan Singh Aged About 55 Years R/o

Quarter No. 22, Raipur Naka, Sindhi Colony, Durg Tehsil And District-

Durg Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Govt. Of Chhattisgarh

Urban Administration And Development Department, Mahanadi Bhawan,

Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh

2 -Collector, Durg District- Durg Chhattisgarh

3 - Bhilai Municipal Corporation, Through Its Commissioner, Having Its

Office At Akash Ganga Supela, G.E. Road Bhilai District- Durg

Chhattisgarh

4 - Building Officer, Bhilai Municipal Corporation , Having Its Office At

Having Its Office At Akash Ganga Supela, G.E. Road Bhilai District- Durg

Chhattisgarh.

... Respondents

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For the Petitioner : Ms. Mahi Pandey, Advocate.

For the State : Mr. SS Choubey, GA.

For the Municipal Corporation : Mr. Sharad Mishra, Advocate.

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Hon'ble Mr. Amitendra Kishore Prasad, Judge

Order on Board

13.05.2026

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1. This petition has been filed under Article 226 of the Constitution of

India with following reliefs:

“10.1 That the Hon'ble Court may kindly be pleased to

call for the entire records pertaining to the present

case.

10.2 That the Hon'ble court may kindly be pleased to

issue a writ, order or direction of Mandamus quashing

the impugned notice dated 06.03.2026 [Annexure P-1]

and Notice dated 27.04.2026 [Annexure P-2] issued to

the petitioners respectively in the light of facts and

circumstance of the case, in the interest of justice.

10.3 That the Hon'ble Court may kindly be pleased to

issue a writ, order or direction of mandamus directing

the respondent authorities to give opportunity of

hearing to the petitioner in accordance with the law and

to allow the petitioner to give application for

regularization till then the petitioners' shop shall not be

demolished and/or the Bhilai Municipal Corporation

may kindly be restrained to take any coercive action

against the petitioner.

10.4 That, this Hon'ble Court may kindly be pleased to

grant any other relief(s), which it may deemed fit and

proper in the aforesaid facts and circumstances of the

case.

10.5 To award full cost of the present petition against

the respondent authorities.”

2. The petitioner has filed this petition challenging the order/notice

Annexure P-1 & P-2 dated 06.03.2026 & 27.04.2026, whereby he

(petitioner) was directed to remove the unauthorized construction.

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3. At the outset, learned counsel for the respondent/Municipal

Corporation submits that there is an efficacious alternate remedy

available under the law and the petitioner has to avail such remedy

under Section 307(5) of the Chhattisgarh Municipal Corporation

Act, 1956, according to which, against the order of removal of the

unauthorized superstructure, the petitioner has to file an application

for injunction before the concerned District Court, which the

petitioner has not avail.

4. At this stage, learned counsel for the petitioner submits that since

the notice has been issued to the petitioner directing him for

removal of unauthorized construction within 48 hours, as such, the

respondent-authority concerned be directed not to take any

coercive steps against the petitioner till he files an appropriate

application before the concerned District Court. She further pointed

out that during summer vacation the concerned Court will remain

close, as such, some breathing time may be granted to the

petitioner for filing of such appropriate application.

5. Heard learned counsel for the parties.

6. Considering facts of the case, nature of reliefs, submissions of

counsel for the parties, the instant petition stands disposed of

permitting the petitioner to file an appropriate application under

Section 307(5) of the Chhattisgarh Municipal Corporation Act

before