Chhattisgarh High Court
WPC/4883/2026 of VIKAS PATLEY Vs STATE OF CHHATTISGARH on 28 September 2026
2026:CGHC:42271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4883 of 2026 1 - Vikas Patley S/o Mr. C. B. Patley Aged About 45 Years R/o Gandhi Nagar Ward No. -12, Sector 02, Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Urban
CGHC010376162026
2026:CGHC:42271
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4883 of 2026
1 - Vikas Patley S/o Mr. C. B. Patley Aged About 45 Years R/o Gandhi Nagar Ward No. -12, Sector 02, Raipur Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary Urban Administration And Development Department, Nava Raipur Raipur Chhattisgarh. 492001.
2 - Municipal Corporation Raipur Through Commissioner Municipal Corporation Raipur Chhattisarh. 492001.
3 - Zone Commissioner Zone No. 03, Municipal Corporation Raipur Chhattisgarh.
492001.
... Respondent(s)
For Petitioner(s)
:
Shri Ritesh Sharma, Advocate.
For State/ Respondent:
Shri Vivek Verma, GA.
For Respondent Nos.2
& 3
:
Shri Pankaj Agrawal, Advocate.
Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/09/2026
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1. This Writ Petition has been filed against the impugned notice dated 22.08.2026 issued by the Municipal Corporation, Raipur directing the petitioner to remove illegal encroachment over a municipal drain.
2. Learned counsel for the petitioner submits that the Petitioner is the absolute owner, title holder and is in lawful possession of a residential property situated at Gandhi Nagar, Ward No. 12, Sector-2, (Before Delimitation - Rajiv
Nagar) Raipur, District Raipur Chhattisgarh. He submits that on 01/09/2026, the Petitioner came to know through his tenant, namely Shri K. J. Patley, that certain officials/employees of the Respondent Municipal Corporation had affixed a notice dated 22/08/2026 on the Petitioner's premises. The said notice was issued by the Zone Commissioner, Zone No. 3, Municipal Corporation Raipur, under Sections 322 and 323 of the Chhattisgarh Municipal Corporation Act, 1956, alleging unauthorized encroachment and illegal construction and directing removal of the alleged encroachment over a municipal drain. The impugned notice was neither personally served upon the Petitioner nor was any prior inspection report, measurement sheet, sketch map or other supporting material supplied to him. The Petitioner became aware of the notice only after being informed by his tenant, in whose name the notice was purportedly addressed. Immediately upon gaining knowledge of the impugned notice, the Petitioner submitted representation before the concerned Respondent Authorities clarifying that no illegal construction or encroachment has ever been made by him upon any public land or municipal property. The Petitioner specifically informed the Respondent Authorities that he has merely placed a reinforced cement concrete slab over a small portion of the existing drain measuring approximately 4 to 5 feet. in width situated directly in front of the entrance of his residential premises, solely for the purpose of facilitating safe ingress and egress to and from the house. He submits that he has filed reply to the impugned notice and his representation is also pending consideration before the authorities.
3. Counsel for the respondents submits that representation of the petitioner will be considered and will be decided in accordance with law.
4. Having heard counsel for the parties and considering the nature of dispute, this Writ Petition is disposed of with a direction the respondent -Municipal Corporation to decide the representation of the petitioner within 60 days from the date of receipt of a copy of this order, and if the encroached area is required to be removed, a fair and proper opportunity be given to the petitioner before removal, in accordance with law. Sd/- (Amitendra Kishore Prasad)
Judge Avinash