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2026 Supreme(Online)(Chh) 21471
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 3794 of 2026
WPC No. 3790 of 2026
WPC No. 3789 of 2026
WPC No. 3787 of 2026
WPC No. 3786 of 2026
WPC No. 3785 of 2026
WPC No. 3772 of 2026
WPC No. 3803 of 2026
WPC No. 3801 of 2026
WPC No. 3800 of 2026
WPC No. 3769 of 2026
WPC No. 3770 of 2026
WPC No. 3768 of 2026
WPC No. 3757 of 2026
WPC No. 3751 of 2026
Jhamman Sahu S/o- Shri H.K. Sahu Aged About 55 Years R/o- 126/3, Ward No.26, Santara Badi, Durg, District- Durg (C.G.)
Shahed Khan S/o Habeb Khan Aged About 45 Years R/o -05, Behind Rao Cottage, Near Sahu Kirana, Kasaridih, Durg, District- Durg, C.G.
Jaspal Singh S/o Shri Harbhajan Singh Aged About 51 Years R/o- House No.63, Ward No. 25, Vtc Durg, Durg, District- Durg (C.G.)
Gulam Rahmani S/o Late Gulam Mustafa, Aged About 44 Years R/o Kasaridih, Ward No. 42 Near Sagar Tent House, Durg, District - Durg (C.G.)
Piyush Pandey S/o Chandrashekhar Pandey Aged About 46 Years R/o M I G C-495, Padhmanabhpur Near Mini Stadium Durg, District Durg C.G.
Ghanshyam Sahu S/o Keshavram Sahu Aged About 38 Years R/o Ward No.41 Kelabadi Near Ramesh Thekedar Gali, Subhash Nagar V T C Durg District- Durg (C.G.)
Mayank Pandey S/o Chandrashekhar Pandey Aged About 43 Years R/o M I G C- 495, Padmanabhpur Near Mini Stadium Durg District- Durg (C.G.)
Ashok Lawhatre S/o Tejram Lawhatre Aged About 55 Years R/o- 452, Ambedkar Nagar, Ward No. 56, Street No. 1, Durg, District- Durg (C.G.)
Abdul Rafiq Khan S/o Subayat Khan Aged About 56 Years R/o Qr. No. 727 Ward 44, Kasaridih Durg Tahsil And District Durg (C.G.) 491001, Proprietor- Khan Bus Body Works Shop No. 88, Ravishankar Stadium, Durg, 491001
Harjeet Singh S/o Late Dilip Singh Aged About 58 Years R/o Qr. No. 184 Ward11 Street No. 2 Shankar Nagar, Durg Tahsil And District Durg, C.G. 491001, Proprietor- Jeet Denting Painting Work Shop No. 75, Ravishankar Stadium, Durg.
Sameer Khan S/o Fazlu Rahman Khan Aged About 46 Years R/o Near Gulmohar Apartments, Ward No. 41, Durg, District- Durg (C.G.)
Beant Singh Dhunna S/o Harbhajan Singh Aged About 57 Years R/o 63, Ward No.25 Durg, District- Durg (C.G.)
Ayaz Ahamed Khan S/o Mohammed Jamil Khan Aged About 67 Years R/o H.No.211, Ward No. 08, Takiya Para 2, Durg District Durg C.G.
Sheikh Rajjak S/o Sheikh Abdul Aged About 48 Years R/o Ward No. 41, Post Office Durg, Kasaridih, Durg, District Durg (C.G.)
Jitendra Singh Kondal S/o Daljeet Singh Aged About 56 Years R/o H No. 315, Guru Nanak Nagar, Amdi Mandir, Ward-24, Mohan Nagar, Durg, District Durg Chhattisgarh
Minhajuddin S/o- Mumtaz Hussain, Aged About 59 Years R/o- Ward No. 41, Near Bazar, Kelabadi, Durg, District- Durg (C.G.)
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Raipur, District- Raipur (C.G.)
2 - Chairman And Collector Jila Kridangan Samiti Durg District- Durg (C.G.)
3 - Secretary And Sub Divisional Officer (Revenue), Jila Kridangan Samiti Durg District- Durg (C.G.)
4 - Additional District Magistrate Durg District- Durg (C.G.)
5 - Tahsildar Durg District- Durg (C.G.)
6 - Executive Engineer, Public Work Department, Durg Division Durg District- Durg (C.G.)
7 - Assistant Registrar Firms And Societies Durg Division Padmanabhpur Durg, District - Durg, C.G.
8 - Commissioner Municipal Corporation, Durg, District Durg, C.G.
--- Respondent(s)
For respective Petitioner(s) : Ms. Fouzia Mirza, Senior Advocate with Shri Ali Afzaal Mirza, Advocate and Shri RK Gomasta, Advocate.
For State/Respondent(s) : Shri RK Gupta, Addl AG, Shri SS Choubey, GA, Shri Soumitra Kesharwani, Dr. Arham Siddiqui and Shri Amit Nayak, Panel Lawyers.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Judgment Delivered On : 23.07.2026
Sd/-(Amitendra Kishore Prasad)
Judge
Avinash 
C A V Order
1. Since a common grievance has been raised in all these writ petitions and the challenge has been made to the impugned pre-eviction notice dated 25.06.2026, they were clubbed together and are being disposed of by this common order.
2. All the writ petitioners are aggrieved by the impugned pre-eviction notice dated 25.06.2026 issued by the Secretary & Sub-Divisional Officer (Revenue), Jila Kridangan Samiti, District Durg, C.G. whereby the petitioners have been directed to vacate their respective shops which were allotted to them on or before 24.07.2026 as according to the report of Public Works Department, the shops allotted to the petitioners are now in a dilapidated condition which could be dangerous and they are now not in a condition of being used. The petitioners in light of said report of PWD were issued pre-eviction notice and were directed to vacate the shops, failing which, they will be evicted from the shops with the help of Administration for which, the petitioners will be solely responsible and any expenses incurred will be realised from the petitioners/shopkeepers through revenue recovery proceedings. The petitioners are seeking interference of this Court under Article 226 of the Constitution of India stating that the authorities have abruptly issued the impugned eviction notice which is infringement of rights granted under Article 19 & 21 of the Constitution of India and they have filed these petitions for the following reliefs:-
10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the respondent authorities for its kind perusal.
10.2 That this Hon'ble Court may kindly be please to quash the impugned notice dated 25.06.2026 (Annexure-P/1)issued by the respondent no. 3, in the interest of justice.
10.3 That this Hon'ble Court may kindly be please to direct the respondent authorities to rehabilitate the petitioner by giving alternative shop before evicting him.
10.4 That this Hon'ble Court may kindly be please to respondent authorities to grant priority and preference to the petitioner while allotting shop in the newly constructed stadium.
10.5 Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.
3. WPC No.3803 of 2026 has been filed for the following reliefs:-
10.1 That the Hon'ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) to quash the impugned notice dated 25.06.2026 (Annexure-P/1) issued by the respondent no 5 in the interest of justice.
10.2 That the Hon'ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) to quash the impugned decision on agenda no.-1 dated 16.06.2026 (Annexure-P/2) taken by the respondent no 4 and 5 in the interest of justice.
10.3 That the Hon'ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) directing the respondent authorities to the rehabilitated the PETITIONER at appropriate place according to the physibility of the profession to the PETITIONER.
10.4 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.
4. For the purposes of disposal, facts pleaded in WPC No.3730 of 2026 are being referred to. The petitioner was allotted shop no. 104 for a monthly rent of Rs. 600/- per month in addition to that Rs. 5000/- was also deposited by the petitioner in view of the order dated 25.05.2005 issued by the respondent no. 3. Since the petitioner was allotted the aforementioned shop, he was running a shop in the name of Vaibhavi Printers (Choice Center) and was regularly paying the rent to the respondents and was earning his livelihood for Photographs in last 21 years. The petitioner has got his shop registered as per the Udyam Registration Scheme and the date of Udyam Registration is 03.04.2025, after which the petitioner was issued
