KRISHNA KANT SHARMA vs MUNICIPAL COUNCIL RATANPUR

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CGHC010337642023 2026:CGHC:39196
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4383 of 2023
1 - Krishna Kant Sharma S/o. Shri Rajkumar Sharma, Aged About 41
Years Pujari, Maa Mahamaya Mandir Ratanpur, R/o. Mahamayapara,
Ward No.3, Thana And Post - Ratanpur, Tehsil Ratanpur, District -
Bilaspur, Chhattisgarh.
Digitally
signed by
VISHAKHA
BEOHAR
VISHAKHA
BEOHAR
... Petitioner(s)
versus
1 - Municipal Council Ratanpur Through Chief Municipal Officer,
Ratanpur, District - Bilaspur, Chhattisgarh.
2 - Chief Municipal Officer, Municipal Council, Ratanpur, District -
Bilaspur, Chhattisgarh.
3 - Kanhaiya Lal Yadav, Counselor, Ward No.4, Municipal Council,
Ratanpur, District - Bilaspur, Chhattisgarh.
... Respondents
(Cause-title taken from the Case Information System)
-----------------------------------------------------------------------------------------------
For Petitioner :- Mr. Adarsh Tiwari, Advocate on behalf of Mr.
Harsh Wardhan, Advocate
For Respondents No. 1 & 2 :- Ms. M. Asha, Advocate
-----------------------------------------------------------------------------------------------
SB-Hon’ble Shri Justice Amitendra Kishore Prasad

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Order on Board
07.09.2026
1. Following reliefs have been prayed in this petition:-
“10.1 That, this Hon'ble Court be pleased to issue
an appropriate Writ or Order or direction thereby
calling for the records in respect of grievance of the
petitioner.
10.2 That, this hon'ble Court may kindly be pleased
to adjudicate and declare that the respondent
Municipal Council has not power and authority to
deal with the subject land of the Petitioner.
10.3 That, this hon'ble Court may kindly be pleased
to direct the Respondents to demolish all
construction raised by them on the land of the
petitioner and to restore the land of the Petitioner.
10.4 That, the Hon'ble Court may be pleased to
direct the respondents not to interfere with the
rights and possession of the Petitioner over the
subject land.
10.5 That, the Hon'ble Court may be pleased to
grant any other relief which the Hon'ble Court
deems fit and proper in the facts and
circumstances of the present case including the
cost of the petition.”
2. Learned counsel for the petitioner submits that the petitioner has
been in occupation of the government land in question for a considerable
period. However, the respondent-Municipal Council, Ratanpur, has issued

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a notice dated 06.10.2023 proposing his eviction, which has led to the
filing of the present petition.
3. Learned counsel appearing for the respondent-Municipal Council
submits that the reply on behalf of the Municipal Council is still awaited.
4. From the documents available on record, it appears that, till date,
no coercive action has been taken against the petitioner pursuant to the
impugned notice. It is also not the case that this Court has passed any
interim order in favour of or against the petitioner during the pendency of
the present petition.
5. In the aforesaid circumstances, the petitioner is granted liberty to
submit an appropriate application before the respondent-Municipal
Council, Ratanpur, seeking the reliefs as prayed for in the present
petition. In the event such an application is filed, the competent authority
shall consider and decide the same, in accordance with law, by passing a
reasoned and speaking order.
6. The petitioner shall submit the aforesaid application within a
period of 10 days from today. The competent authority shall consider and
decide the same preferably within a period of 45 days from the date of
receipt of such application.
7. Since no coercive action has been taken against the petitioner till
date, the respondent-authorities are directed not to take any coercive
steps against the petitioner pursuant to the notice dated 06.10.2023 for a

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period of 45 days from today or till the application preferred by the
petitioner is decided, whichever is earlier.
8. With the aforesaid directions, the present petition stands
disposed of.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha