WPC/1599/2022 of YAD RAM SEN Vs STATE OF CHHATTISGARH on 30 September 2026

1. By way of the present writ petition, the petitioners are assailing the illegal, arbitrary, discriminatory and whimsical actions taken by the Respondents as they are trying to dispossess the present petitioners from the shop situated at Bus stand Ahiwara, Dhamdha, Durg, (C.G.) though the petitioner are having a lawful patta/lease of the said premises in their favour. The petitioners are also challenging the Auction notice dated 11.03.2022 whereby the auction has been scheduled to be held on 30.03.2022 of the shops in which the petitioners are having possessions for more than 30 years.

2. Learned counsel for the petitioners submits that the petitioners are in possession of the shops situated at Bus Stand Ahiwara, Dhamdha Durg measuring around 130 sq. feet each whereby, the petitioners are earning their livelihood respectively by running a barber shop/ general store/ fruit shop since last 20 years.

3. Learned counsel for the petitioners submits that in the garb of developmental activities within the Ahiwara Bus stand, respondents are trying to snatch away the right to life and livelihood of present petitioners available to them under the Constitution of India in the most unfair and unjust manner by blatantly flouting the due process prescribed under the law. Hence, the petition.

4. Learned counsel for Respondent No.1/State and counsel for Respondent No.2 submit that the instant petition is misconceived and devoid of merits and liable to be dismissed, because, the petitioners have illegally encroached the subject place/shop since long time. The petitioners have suppressed the material facts before this Court. The petitioners have claimed the reliefs on the strength of documents Annexure P/2, which relates to lease granted to the petitioner No. 5 and receipt of tax and NOC for electricity issued in the name of petitioners No. 1, 2 and 3. It is pertinent to mention here that, no such documents have been annexed by the petitioners No. 4 and 6. Further, the aforesaid lease was granted in favour of the petitioner No. 5 for the residential purpose on the Plot No. 54 admeasuring area 224 square feet situated near Bus Stand, Ahiwara, District Durg (CG), which is situated behind the Ahiwara Bus Stand, whereas, the subject shop is situated at Khasra No. 23/2, where, the shops of Nagar Panchayat Ahiwara are situated, hence, the petitioners are trying to mislead this Court by way of submitting wrong information before this Court. The subject place/shop is situated in the government land bearing Khasra No. 23/2, Patwari Halka No. 29, Tahsil Dhamdha, District Durg (CG) and is recorded in the name of the Nagar Panchayat, Ahiwara, District Durg (CG), where, shops have been constructed by the respondent No. 2. The petitioners have not filed any letter/order whatsoever regarding allotment of shop in their favour by respondent No. 2. The petitioners have filed the instant petition only on the ground that they are paying the taxes right from the beginning, which does not give any right to the petitioner to continue with the said illegal possession. It is pertinent to mention here that the respondent No. 2 had constructed 10 shops in the aforesaid land bearing Khasra No. 23/2 with a motive to enhance the income of the respondent No. 2, whereas, the present petitioners as well as other similarly situated persons have illegally encroached upon those shops, therefore, the matter has been put up as Agenda No. 15 in the meeting of the Nagar Panchayat, Ahiwara dated 17.08.2020, wherein, the resolution with respect to vacate the place/shop from the encroachers has been passed and consequently a show cause notice has been issued to the petitioners to vacate the premises within three days. The aforesaid notice has been duly served upon the petitioners, however, the petitioners did not vacate the ships till date and still encroached the subject place/shop illegally. The petitioners have encroached upon the government land, hence, the government being the owner of the subject land, also has a right under Article 300-A of the Constitution of India to object and to remove the encroachment over it. It is pertinent to mention here that, looking to the illegal encroachment made by the petitioners over the subject shop, the respondent no. 2 has initiated proceeding in accordance with the provisions of Municipality Act, 1961, whereupon, on the basis of resolution of the Nagar Palika, Ahiwara, the aforesaid show cause notice has been issued to the petitioners by the respondent No. 2 in accordance with the law. It is also submitted that in compliance of this Court’s order dated 30.03.2022 directing that the auction proceeding as initiated by the respondent No. 2 shall continue, however, the same shall not be finalized until the next date of hearing, the auction proceeding has not been finalized by the respondent No. 2.

5. Heard counsel for the parties and perused the documents annexed with the petition carefully.

6. From the material placed before this Court, it appears that, by virtue of the interim order dated 30.03.2022, the petitioners have continued to run their respective shops and earn their livelihood therefrom. At the same time, it is also the case of respondent No.2 that the shops in question are required to be utilized for generating revenue for the Nagar Panchayat.

7. Having regard to the aforesaid circumstances, without expressing any opinion on the respective claims of the parties regarding title, allotment or lawful possession over the subject shops, the petitioners are granted liberty to submit a fresh representation before respondent No.2 setting out their claim and placing all relevant documents in support thereof.

8. In the event such representation is submitted by the petitioners, respondent No.2 shall consider and decide the same sympathetically, objectively and in accordance with law, after affording due opportunity to the concerned parties, as expeditiously as possible, preferably within a period of 120 days from the date of receipt of such representation.

9. It is made clear that this Court has not expressed any opinion on the merits of the rival claims of the parties. The competent authority shall consider the representation independently and shall pass a reasoned and speaking order strictly in accordance with law.

10. With the aforesaid liberty and direction, the writ petition stands disposed of.

11. Till decision is taken on representation, interim order dated 30.03.2022 will operate. Sd/- (Amitendra Kishore Prasad) Judge Avinash