Father-Son Withdraw Appeal Over Notice They Say Risks Eviction, As Chhattisgarh HC Says They May Challenge It And Seek Interim Relief

The appellants, who were respondents in the writ petition, challenged the Single Judge’s order directing the Chief Municipal Officer (CMO) to consider and decide the writ petitioners’ grievance within 30 days, without expressing any opinion on the merits

After that order, the CMO issued a notice dated 13.10.2026 to the appellants; they apprehended eviction and sought interim protection in the writ appeal

The respondents did not object to withdrawal of the appeal, but respondent No. 3 opposed interim protection in that proceeding

The Court cited no statute, precedent, or substantive legal doctrine.

It disposed of the appeal on the appellants’ request to withdraw and observed that they could pursue an appropriate remedy, in accordance with law, to challenge the legality and propriety of the notice.

The Single Judge’s order had directed the CMO to decide the grievance without determining its merits, and the subsequent notice gave the appellants a basis to pursue a remedy directed at that notice.

The appellants accordingly sought withdrawal of the appeal to challenge the notice separately. The Court permitted withdrawal but did not decide the notice’s legality or grant interim protection; instead, it left any request for interim relief to the competent forum or Court.

The appellants were permitted to avail themselves of an appropriate remedy to challenge the legality and propriety of the notice dated 13.10.2026 and to seek interim relief before the competent forum or Court. The Court made no determination on the merits of the notice or the appellants’ entitlement to interim protection.