WPC/5020/2026 of NAINI BAI DEWANGAN Vs STATE OF CHHATTISGARH on 30 September 2026

1. The petitioners, in this Writ Petition, have prayed for the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction, commanding Res. No. 3 (and other competent municipal authorities) to immediately proceed with the necessary action in furtherance of the notices dated 05.08.2026(Annexure P/4),

and 08.09.2026(Annexure P/6) after giving due opportunity of hearing to all parties. 10.2 That, this Hon'ble Court may kindly be pleased to issue any appropriate writ, order, or direction, to the Res. No.3 to take appropriate action in accordance with the provisions of the Chhattisgarh Nagar Palika Adhiniyam 1961 within a period of 7 days. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

2. Facts of the case in brief are that petitioner No.1 is the registered owner of land bearing Khasra No.614/70, ad measuring 0.0200 hectare, situated at Ward No.11, Ganjpara, Balod, District Balod (C.G.) and petitioner No.2 is her son and power of attorney holder. Respondent No.3 granted permission vide letter dated 27.05.2025 for construction of a boundary wall over the said land. It is alleged that the private respondents entered upon the petitioners’ land and started construction without any valid document or permission. On the complaints dated 05.08.2026 and 07.09.2026, respondent No.3 issued notices directing them to stop the construction and produce the relevant documents, failing which action would be taken under the Nagar Palika Adhiniyam, 1961. Despite the said notices, no effective action has been taken. Hence, the present petition.

3. Learned counsel for the petitioners submits that the petitioners made a complaint before the Chief Municipal Officer, Municipal Council, Balod regarding the illegal construction being raised by private respondents No.4 & 5. He submits that pursuant to the said complaints, notices were issued to respondents No.4 & 5 directing them to stop the construction, however, till date, the matter has not been decided and the construction is still being raised. He therefore submits that the concerned Chief Municipal Officer, Municipal Council, Balod may be directed to consider the allegations made by the petitioners and decide the matter in accordance with law.

4. Learned State counsel submits that since the proceedings have already been initiated by the concerned Chief Municipal Officer, the petitioners may approach the concerned authority by filling an appropriate application, which shall be considered and decided in accordance with law.

5. Considering the facts and circumstances of the case and particularly the fact that the concerned Chief Municipal Officer has already taken cognizance of the petitioners’ complaint and issued notices to respondents No.4 & 5, without expressing any opinion on the merits of the case, the concerned Chief Municipal Officer is directed to consider and decide the grievance of the petitioners in accordance with law within a period of 30 from the date of receipt of a copy of this order. Such consideration, shall be made expeditiously, as despite issuance of notices, the grievance of the petitioners has remain unredressed since 05.08.2026.

6. With the aforesaid observations and directions, the present petition stands disposed of.

Sd/- (Amitendra Kishore Prasad)

Judge

Priyanka