Jeevan Lal Dewangan v. State Of Chhattisgarh

6 - Smt. Sangita Soni W/o Shri Bhola Prasad Soni Aged About 56 Years R/o Ward No. 07 Kharora Tahsil Kharora, District- Raipur, Chhattisgarh. --- Respondent(s) WPC No. 2624 of 2024 2 1 - Jeevan Lal Dewangan S/o Late Shri Ghasiram Dewangan Aged About 58 Years R/o Village Kharora, Tahsil Kharora, District Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, New Mantralaya Raipur, (C.G.) Pin - 492001 2 - Directorate Director, Department Of Urban Administration And Development, Indravati Bhawan Atal Nagar, Raipur, District Raipur (C.G.) Pin - 492001 3 - Joint Director, Department Of Urban Administration And Development, Raipur (C.G.) 4 - The Collector, Raipur, District Raipur (C.G.) 5 - Chief Municipal Officer, Nagar Panchayat Kharora, District Raipur (C.G.) 6 - The Tahsildar, Kharora, District Raipur (C.G.) 7 - Smt. Sangeeta Soni W/o Shgri Bhola Prasad Soni Aged About 56 Years R/o Ward No. 7, Kharora, Tahsil Kharora, District Raipur (C.G.) ... Respondent(s) (Cause Title Taken from CIS System) For Petitioner(s) For Respective : Mr. Syed Mohammad Sartaj Afzal, Advocate : Mr. Hemant Kumar Agrawal and Mr. Vikash Respondents For State A. Shrivastava, Advocates : Mr. Saumitra Kesharwani, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/08/2026

The petitioner has filed Writ Petition (C) No. 2557 of 2024 with the following reliefs:- 3 “10.1 The Hon’ble Court may kindly be pleased to allow the petition and set aside the impugned notice demolition dated 16.04.2024 (Annexure P/1) issued by the respondent No.

10.2 The Hon’ble Court be pleased to direct the respondent authority to consider the case of the petitioner and given opportunity of hearing the petitioner and followed guideline/policy according to the policy present of the State Government as well as of the Central Government.

10.3 This Hon’ble Court be pleased to call for the entire record in respect of the petitioner.

The petitioner has filed Writ Petition (C) No. 2624 of 2024 with the following reliefs:- “10.1 The Hon’ble Court may kindly be pleased to allow the petition and set aside the impugned notice demolition dated 14.05.2024 (Annexure P/1) issued by the respondent No. 5 and also set aside the order dated 13.05.2024 (Annexure P/13)

10.2 The Hon’ble Court be pleased to direct the respondent authority to consider the case 4 of the petitioner and given opportunity of hearing to the petitioner and followed the guideline/policy according to the policy present of the State Government as well as of the Central Government. And also directed to compounding of offences of construction of buildings without permission as per Chhattisgarh Municipalities Act, 1961 Section 187-A.

10.3 This Hon’ble Court be pleased to call for the entire record in respect of the petitioner.

Learned counsel appearing for the respondent–Nagar Panchayat, Kharora, District Raipur (C.G.), submits that the present petitions are not maintainable in view of the efficacious alternative remedy available to the petitioner under Section 308(d) of the Chhattisgarh Municipalities Act, 1961 (for short, “the Act of 1961”). It is contended that, if the petitioner is aggrieved by any action or order of the respondent-authority, he may avail the statutory remedy by approaching the competent authority under the relevant provisions of the Act, 1961.

At this stage, learned counsel for the petitioner submits that the present petitions may be disposed of with liberty to the petitioner to approach the concerned authority by filing an appropriate application under Section 308(d) of the Act of 1961. He further 5 submits that since an interim order has already been passed in favour of the petitioner, the protection granted by this Court vide order dated 13.05.2024 may be continued for a period of 15 days to enable the petitioner to avail the aforesaid remedy.

Considering the aforesaid facts and circumstances of the case, the petitioner is relegated to avail the statutory remedy by filing an appropriate application under Section 308(d) of the Act of 1961 before the concerned authority. The petitioner shall file such application within a period of 15 days from the date of this order. Upon receipt of the application, the competent authority shall consider and decide the same in accordance with law by affording due opportunity of hearing to the petitioner and by passing a reasoned and speaking order, preferably within a period of 45 days from the date of receipt of the application. Till the expiry of the aforesaid period of 45 days, the interim order passed by this Court shall remain in operation.

With the aforesaid observations and directions, both writ petitions stand disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL