Mahasamund, Chhattisgarh v. 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development
Case Details
1 Digitally signed by RAGHVENDRA JAT 2025:CGHC:13320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2891 of 2024 1 - Surendra Kumar Wadhwa S/o Late Kishan Lal Wadhwa Aged About 51 Years R/o Gurunanak Ward, Basna, P.S. And Tahsil- Basna, District : Mahasamund, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh. 2 - Collector Mahasamund, District : Mahasamund, Chhattisgarh. 3 - Sub Divisional Officer (R) Sub Division Basna, District : Mahasamund, Chhattisgarh. 4 - Tahsildar Basna, Tahsil- Basna, District : Mahasamund, Chhattisgarh. 5 - Chief Municipal Officer Nagar Panchayat Basna, District : Mahasamund, Chhattisgarh. --- Respondent(s) 2 WPC No. 3016 of 2024
Legal Reasoning
1 - Manoj Agrawal S/o Late Shri Radheshyam Agrawal Aged About 42 Years R/o Ward No. 9, Nagar Panchayat Basna Police Station And Tahsil Basna, District Mahasamund Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department of Urban Administration, Mahanadi Bhawan, Mantralaya New Raipur Chhattisgarh. 2 - Secretary, Department of Revenue & Disaster Management, Mahanadi Bhawan, Mantralaya New Raipur Chhattisgarh. 3 - Collector, District Mahasamund Chhattisgarh. 4 - Sub Divisional Officer (R), Sub Division Basna, District Mahasamund Chhattisgarh. 5 - Tahsildar, Tahsil Basna, District Mahasamund Chhattisgarh. 6 - Chief Municipal Officer, Nagar Panchayat Basna, District Mahasamund Chhattisgarh. 7 - Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh. --- Respondent(s) 3 WPC No. 2855 of 2024 1 - Savitri Sendariya W/o Late Dhan Singh Aged About 58 Years R/o Ward No. 9, Pandit Deendayal Upadhyay Ward, Bazar Para Basna District Mahasamund (C.G.). ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2 - Collector Mahasamund, District Mahasamund (C.G.). 3 - Sub Divisional Officer (Revenue) Tahsil Basna, District Mahasamund (C.G.). 4 - Tahsildar Tahsil Basna, District Mahasamund (C.G.). 5 - Nayab Tashsildar Tahsil Basna, District Mahasamund (C.G.). 6 - Chief Municipal Officer Nagar Panchayat Basna, District Mahasamund (C.G.). --- Respondent(s) WPC No. 3347 of 2024 1 - Ramlal S/o Mehttar Aged About 76 Years R/o Ward No. 9, Bazarpara, Police Station And Tahsil Basna, District Mahasamund (C.G.). ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration, Mahanadi Bhawan, Mantralaya New Raipur (C.G.). 2 - Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya New Raipur (C.G.). 3 - Collector District Mahasamund (C.G.). 4 - Sub Divisional Officer (R) Sub Division Basna, District Mahasamund (C.G.). 5 - Tahsildar Tahsil Basna, District Mahasamund (C.G.). 6 - Chief Municipal Officer Nagar Panchayat Basna, District Mahasamund (C.G.). 7 - Station House Officer Police Station Basna, District Mahasamund (C.G.). --- Respondent(s) WPC No. 2799 of 2024 1 - Amar Kumar Nag S/o Shri Sukul Say Nag Aged About 54 Years R/o Ward No. 9 / Ward No. 10, Nagar Panchayat Basna, Police Station And Tahsil Basna, District Mahasamund (C.G.). ---Petitioner(s) Versus 5 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration, Mahanadi Bhawan, Mantralaya New Raipur (C.G.). 2 - Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya New Raipur (C.G.). 3 - Collector District Mahasamund (C.G.). 4 - Sub Divisional Officer (R), Sub Division Basna, District Mahasamund (C.G.). 5 - Tahsildar Tahsil Basna, District Mahasamund (C.G.). 6 - Chief Municipal Officer Nagar Panchayat Basna, District Mahasamund (C.G.). 7 - Station House Officer Police Station Basna, District Mahasamund (C.G.) --- Respondent(s) WPC No. 2856 of 2024 1 - Smt. Afsana Khairani W/o Firdoush Khairani, Aged About 38 Years R/o Ward No. 9, Infornt Of Old Gate Of Police Station Bazar Para, Basna, District Mahasamund Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh. 6 2 - Collector, Mahasamund, District Mahasamund Chhattisagarh. 3 - Sub Divisional Offier (Revenue), Tahsil Basan District Mahasamund Chhattisagarh. 4 - Tahsildar, Tahsil Basna, District Mahasamund Chhattisagarh. 5 - Nayab Tahsildar, Tahsil Basna, District Mahasamund Chhattisagarh. 6 - Chief Municipal Officer, Nagar, Panchayat Basna, District Mahasamund Chhattisagarh. --- Respondent(s) WPC No. 1019 of 2025 1 - Shankar S/o Chandra Bhanu Aged About 63 Years R/o Bazar Gali, Ward No. 10, Basna, District- Mahasamund (C.G.). 2 - Panchmani W/o Mahendra Aged About 43 Years R/o Bazar Padav, Ward No. 10, Basna, District- Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.). 2 - Collector, Mahasamund, District- Mahasamund (C.G.). 3 - Sub Divisional Officer (R), Sub Division Basna, District- Mahasamund (C.G.). 4 - Tahsildar Basna, Tahsil Basna District- Mahasamund (C.G.). 7 5 - Chief Municipal Officer, Nagar Panchayat Basna, District- Mahasamund (C.G.) --- Respondent(s) For Petitioner in WPS : Mr. Kishore Narayan, Advocate. Nos.2891/2024, 2799/2024, 3016/2024 & 3347/2024 . For Petitioner in WPS Nos. : Mr. Shikhar Sharma, Advocate. 2855/2024 & 2856/2024. For Petitioner in WPS No. : Mr. Kashish Saluja, Advocate. 1019/2025 For Respondent/ Chief : Ms. Chetna Sharma, Advocate. Municipal Officer, Nagar Panchayat, Basna For Respondent(s)/State : Mr. Satish Gupta, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 20/03/2025 1. Since common question of facts and law is involved in these
Decision
cases, as such, all these petitions are being disposed of by this common order. 2. The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer 8 made by the petitioners in all the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The reliefs prayed in WPC No. 2891/2024 (Surendra Kumar Wadhwa vs. State of Chhattisgarh & Ors.) are quoted hereinbelow in order to consider these cases and to decide the same. “10.1 That, the Hon'ble Court may kindly be pleased to, issue a writ of mandamus or any other appropriate writ setting aside public notice dated 06.06.2024 (Annexure P/3) in relation to the petitioner's shop. Namely Kishan Vastra Bhandar, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the respondents to not to demolish the shop of the petitioner or interfere with it in any other manner, in the interest of justice. 10.3 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case.” 3. Learned counsel for the petitioners submits that no individual notices were served upon the petitioners showing that they are encroachers, however, only on the basis of some notice published in the newspaper dated 06.06.2024 for removal of encroachers within a period of 3 days as such these petitions 9 have been filed. 4. On the other hand, learned counsel for the State raised preliminary objection stating that these petitions itself are not maintainable as no individual notices have been issued to the petitioners. 5. Learned counsel for the State raised an objection that the petitioners are in illegal occupation of Government Grass Land and no individual notices have been issued to the petitioners. A general notice has been published in the newspaper upon which these petitions have been filed which is not maintainable at all. 6. The respondent/ Chief Municipal Officer, Nagar Panchayat, Basna, District- Mahasamund has filed its return stating that that petitioners are in illegal occupation of Government Grass Land and no individual notices have been issued to the petitioners as such only on the general notice these petitions are not maintainable. 7. Considering the facts and circumstances of the case and further considering this aspect that only on the basis of paper clip these petitions have been filed, I do not consider these cases to entertain and to pass necessary orders. 8. Accordingly, these petitions stands disposed of. 9. However, the respondent authorities are at liberty to issue individual notice to the petitioners showing show cause as why 10 they may not be removed and, in turn, all the petitioners are also at liberty to file their reply explaining why they are in possession of the land in question. 10. In case notices have been received for removal of encroachment , each of the petitioners are directed to file their reply annexing the relevant documents showing this fact that they are not encroachers. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat