TANDAN LAL KANWRE vs STATE OF CHHATTISGARH

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CGHC010418352026 2026:CGHC:46485-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WA No. 1095 of 2026
1 - Tandan Lal Kanwre S/o. Shankar Lal Kanwre, Aged About 72 Years
R/o. -Ward No. 11, Jawahar Para, Balod, Tahsil And District -Balod (C.G.)
2 - Lalit @ Lokendra Kanwre, S/o. Tandan Lal Kanwre, Aged About 42
Years R/o. Ward No. 11, Jawahar Para, Balod, Tahsil And District -Balod
(C.G.)
... Appellants
versus
1 - State of Chhattisgarh Through Secretary, Department of Urban
Administration And Development, Mahanadi Bhawan, Mantralaya, Nawa
Raipur, Atal Nagar, District Raipur (C.G.)
2 - Collector, Balod, District Balod (C.G.)
3 - Nagar Palika Parishad Balod, Through Its Chief Municipal Officer
Office Of Nagar Palika Parishad Balod, District Balod (C.G.)
4 - Naini Bai Dewangan W/o. Jeevan Lal Dewangan, Aged About 55
Years R/o. Ward No. 11, Jawahar Para, Balod, Tahsil And District Balod
(C.G.)
5 - Vedvyas Dewangan S/o. Jeevan Lal Dewangan Aged About 37 Years
R/o. Ward No. 11, Jawahar Para, Balod, Tahsil And District Balod (C.G.)
... Respondents
For Appellants : Mr. Ratnesh Kumar Agrawal, Advocate
For Respondents No. 1 & 2/
: Mr. Prasun Kumar Bhaduri, Dy. A.G.
State
For Respondents No. 4 & 5 : Mr. Prakshay Shrivastava, Advocate

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Hon'ble Shri Krushna Ram Mohapatra , Chie f Justice and
Hon'ble Shri Santosh Sharma , Judge
Judgment on Board
Per Krushna Ram Mohapatra , C.J.
03/11/2026
1. This intra-Court appeal has been filed assailing the order dated
01.10.2026 passed by the learned Single Judge in WPC No. 5020
of 2026. The appellants were respondent Nos. 4 and 5 in the writ
petition.
2. It is submitted that the appellants were not given an opportunity of
hearing, although they were impleaded as parties to the writ
petition. The writ petition was disposed of with the following
directions/observations:
“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.”

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3. Pursuant to the order passed by the learned Single Judge, notice
dated 13.10.2026 (Annexure A/2 to the writ appeal) has been
issued by respondent No. 3. It is submitted that, pursuant to the
said notice, the appellants may be evicted at any moment from the
lawful possession of their property.
4. Learned counsel for respondent No. 3, however, submits that the
writ appeal is not maintainable, as the appellants are aggrieved by
the notice dated 13.10.2026 (Annexure A/2), which has been
issued to them pursuant to the directions passed in WPC No. 5020
of 2026. Hence, the writ appeal is not maintainable, as the
appellants have a fresh cause of action pursuant to the notice dated
13.10.2026 (Annexure A/2).
5. Mr. Bhaduri, learned Deputy Advocate General, submits that the
notice has been issued by respondent No. 3 and, therefore,
respondent Nos. 1 and 2/State have no say in the matter.
6. At this Stage, learned counsel for the appellants prays for
withdrawal of the writ appeal to avail appropriate remedy by
assailing the notice dated 13.10.2026 (Annexure A/2). He, however,
prays for interim protection till the appellants avail the appropriate
remedy.
7. Learned counsel for the respondents do not have any objection to
the prayer for withdrawal. However, learned counsel for respondent
No. 3 objects to the prayer for interim protection, submitting that the
appellants may seek interim protection while assailing the notice
dated 13.10.2026 (Annexure A/2).

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8. In view of the above, this Court disposes of the writ appeal as
withdrawn , with an observation that the appellants may avail
appropriate remedy in accordance with law by assailing the legality
and propriety of the notice dated 13.10.2026. The appellants may
also seek appropriate interim relief before the competent
forum/Court while assailing the notice dated 13.10.2026.
9. Certified copy of this order shall be supplied to learned counsel for
the appellants in the course of the day, in accordance with the
Rules. The copy of the impugned order under Annexure A/1 shall be
returned to learned counsel for the appellants on substitution of an
attested photocopy thereof.
Sd/- Sd/-
(Santosh Sharma) (Krushna Ram Mohapatra)
Judge Chief Justice

Rahul Dewangan