Nafr High Court
Case Details
-1- 2025:CGHC:36163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5201 of 2021 1 - Shyam Lal Kumhar S/o Jailal Kumhar Aged About 56 Years R/o Ward No. 05 Nagar Panchayat Jaijaipur , Tahsil Jaijaipur , District Janjgir Champa Chhattisgarh. 2 - Sheikh Ji Khan S/o Subhan Khan Aged About 40 Years R/o Ward No. 05 Nagar Panchayat Jaijaipur , Tahsil Jaijaipur , District Janjgir Champa Chhattisgarh. 3 - Suresh Kumar Chandra S/o Madan Lal Chandra Aged About 40 Years R/o Ward No. 05 Nagar Panchayat Jaijaipur , Tahsil Jaijaipur , District Janjgir Champa Chhattisgarh. 4 - Rahimuddin Khan S/o Hafiz Khan Aged About 65 Years R/o Ward No. 05 Nagar Panchayat Jaijaipur , Tahsil Jaijaipur , District Janjgir Champa Chhattisgarh. 5 - Dev Narayan Chandra S/o Igaj Pati Chandra Aged About 22 Years R/o Ward No. 05 Nagar Panchayat Jaijaipur , Tahsil Jaijaipur , District Janjgir Champa Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector , Janjgir District Janjgir Champa Chhattisgarh. 2 - Sub Divisional Officer (Rev.) Sakti District Janjgir Champa Chhattisgarh. 3 - Tahsildar Jaijaipur Tahsil Jaijaipur , District Janjgir Champa Chhattisgarh. 4 - Chief Municipal Officer Nagar Panchayat Jaijaipur District Janjgir Champa Chhattisgarh. --- Respondent(s) WPC No. 5218 of 2021 1 - Santosh Kumar Chandra, S/o Ram Ratan Chandra Aged About 60 Years R/o - Village Jaijaipur Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - -2- Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 2 - Jakir Khan S/o Risal Khan, Aged About 64 Years R/o - Village Jaijaipur Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 3 - Kapoor Sai Kumhar S/o Bechu Kumhar, Aged About 45 Years R/o - Village Jaijaipur Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4 - Bharat Lal Chandra S/o Darasram Chandra Aged About 38 Years R/o - Village Jaijaipur Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Collector, Janjgir, District Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Sub Divisional Officer (Rev.) Sakti, District - Janjgir - Champa Chhattisgarh 3 - Tahsildar, Jaijaipur Tahsil - Jaijaipur, District Janjgir Champa Chhattisgarh. 4 - Chief Municipal Officer Nagar Panchayat Jaijaipur, District Janjgir Champa Chhattisgarh. --- Respondent(s) WPC No. 5211 of 2021 1 - Het Ram Chandra, S/o Neel Kanth Chandra Aged About 50 Years R/o - Ward No. 05 Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 2 - Ramesh Sahu S/o Mahadeva Sahu, Aged About 37 Years R/o - Ward No. 05 Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 3 - Dinesh Chandra S/o Anand Ram Chandra, Aged About 69 Years R/o - Ward No. 05 Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4 - Tukeshvar Kumar Chandra S/o Sukhram Chandra Aged About 32 Years R/o - Ward No. 05 Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh 5 - Roshan Khan S/o Musaffar Khan Aged About 50 Years R/o - Ward No. 05 Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh -3- 6 - Damodar Prasad Chandra S/o Sevak Ram Chandra Aged About 49 Years R/o - Ward No. 05 Nagar Panchayat Jaijaipur, Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh, Through Collector, Janjgir, District Janjgir - Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 2 - Sub Divisional Officer (Rev.) Sakti, District - Janjgir - Champa Chhattisgarh 3 - Tahsildar, Jaijaipur Tahsil - Jaijaipur, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4 - Chief Municipal Officer Nagar Panchayat Jaijaipur District - Janjgir - Champa Chhattisgarh --- Respondent(s) (Cause Title is taken from Case Information System) For Petitioners For State
Legal Reasoning
: Mr. Ishwar Jaiswal, Advocate : Ms. Neelima Singh Thakur, Panel For Respondent/CMO, Nagar Panchayat Jaijaipur : Mr. Pawan Shrivastava, Advocate Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.07.2025 1) Since common questions of law and facts are involved in these petitions, they are clubbed together, heard together and finally decided by this common order. 2) The petitioners have filed these petitions seeking a direction to the respondent authorities not to disturb or disperse them from the shops where they are presently carrying on their business and earning their livelihood. 3) Mr. Jaiswal, learned counsel for the petitioners, submits that the petitioners have been running small businesses near the Community Health Center, Jaijaipur, since 2015, and they have no alternative location to carry on their business. He fairly submits that the petitioners are carrying on their business on government -4- land. He further submits that the respondent authorities have proposed the construction of an additional building of the Community Health Center at the very location where the petitioners are operating their business. Therefore, he prays that the respondents may be directed to provide an alternative location where the petitioners may be shifted to continue their business. He also refers to the interim protection granted to the petitioners by this Court vide order dated 15.12.2021. 4) Mr. Shrivastava, learned counsel appearing for the CMO, Nagar Panchayat, Jaijaipur, submits that the impugned notice has been issued pursuant to the directions received from the State Government. He states that the responsibility of providing alternative land, if any, rests with the State Government. 5) Ms. Neelima Singh Thakur, learned Panel Lawyer appearing for the State, submits that the petitioners are encroachers and, therefore, are not entitled to claim any right to an alternative place to carry on their business. She submits that the petitions deserve to be dismissed. 6) Heard learned counsel for the parties and perused the documents placed on the record. 7) It is not in dispute that the petitioners are carrying on small businesses from the current location, which is admittedly government land. The notice (Annexure P/1) indicates that the Government has proposed the construction of an additional building of the Community Health Center at Jaijaipur, where the petitioners are currently running their business. 8) The notice has been issued by respondent No.4 under Sections 187 and 223 of the Chhattisgarh Municipalities Act, 1961. -5- 9) A perusal of the notice reveals that the respondents have not made any alternative arrangement for the petitioners to shift or continue their business elsewhere, which was the reason for this Court to grant interim protection earlier. 10) Taking into consideration the facts and circumstances of the case, these petitions are disposed of at the admission stage with a direction to the respondent authorities to provide an alternative place to the petitioners, where they may shift and continue their business, within a period of 90 days from today. 11)The interim relief granted earlier shall remain in force for a further period of 90 days.
Decision
12) The petitions stand disposed of accordingly. Sd/- (Rakesh Mohan Pandey) Judge NADIM