Chhattisgarh High Court
Administrative and Public LawCivil Law

Chief Municipal Officer must decide the pending construction grievance within 30 days.

NAINI BAI DEWANGAN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Chief Municipal Officer must decide the pending construction grievance within 30 days.. NAINI BAI DEWANGAN vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Petitioner No. 1 claimed ownership of land at Ward No. 11, Balod, and petitioner No. 2 was her son and power-of-attorney holder.

Source reference: para. 1–2

The municipal authority had granted petitioner No. 1 permission to construct a boundary wall on the land.

Source reference: para. 1–2

The petitioners alleged that private respondents 4 and 5 entered the land and began construction without valid documents or permission.

Source reference: para. 1–2

Following complaints, the Chief Municipal Officer issued notices directing them to stop construction and produce relevant documents, but the petitioners alleged that no effective action followed.

Source reference: para. 1–2

They sought directions for the municipal authority to proceed under the Chhattisgarh Nagar Palika Adhiniyam, 1961.

Source reference: para. 1–2

The State submitted that proceedings had already been initiated and that the petitioners could apply to the authority.

Source reference: para. 4
02

Issues

1. Whether the Chief Municipal Officer should be directed to consider and decide the petitioners’ grievance concerning the alleged unauthorised construction

Source reference: para. 3–5

2. Whether the Court should direct the municipal authority to take action within the seven-day period sought by the petitioners

Source reference: para. 1, 5
03

Law Applied

The Court referred to the Chhattisgarh Nagar Palika Adhiniyam, 1961, under which the petitioners sought municipal action, but did not identify or interpret any specific provision of the Act.

Source reference: para. 1–2

The operative principle was that the competent municipal authority, having taken cognizance of the complaint and issued notices, should consider and decide the grievance in accordance with law, without the High Court expressing an opinion on the merits.

Source reference: para. 5
04

Reasoning

The Chief Municipal Officer had already acted on the complaints by issuing notices to respondents 4 and 5, but the petitioners’ grievance remained unresolved.

Source reference: para. 4–5

In light of those pending municipal proceedings, the Court considered it appropriate to direct the authority to decide the matter rather than determine the disputed allegations or order the specific action sought by the petitioners.

Source reference: para. 4–5

The direction preserved the authority’s responsibility to decide the grievance in accordance with law and left the merits open.

Source reference: para. 5
05

Holding

The Court directed the Chief Municipal Officer to consider and decide the petitioners’ grievance in accordance with law within 30 days of receiving a copy of the order, without expressing any opinion on the merits.

It did not grant the requested seven-day deadline; the writ petition was disposed of with the stated direction.

Source reference: para. 5–6
Chhattisgarh High Court

Original Court PDF

NAINI BAI DEWANGANvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 01, 2026

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