Writ Petition Against Show Cause Notice Premature; Due Process and Hearing Required Before Demolition

The petitioner, Ashish Sharma, operates a grocery shop and warehouse on 350 sq. ft. of land in Raigarh, asserting settled possession for over four decades

On 26.02.2021, the Municipal Corporation, Raigarh (Respondent No. 2) issued a notice-cum-order directing the petitioner to vacate the premises within seven days or face demolition of alleged unauthorized construction

The petitioner challenged this notice under Article 226 of the Constitution, arguing that the land is Nazul land (government land) under the jurisdiction of the Collector, not the Municipality, and that he was denied a fair hearing

An interim protection order was granted by the High Court on 10.03.2021

1. Whether a writ petition under Article 226 is maintainable against a show-cause notice regarding unauthorized construction

2. Whether the respondent authority follows the principles of natural justice and due process before initiating demolition action

The Court applied the established principle that writ jurisdiction under Article 226 is generally not invoked against a show-cause notice unless it is issued without jurisdiction or suffers from patent illegality

The Court also emphasized the principles of natural justice, requiring a "reasoned and speaking order" following an opportunity for the affected party to be heard

The constitutional protections under Articles 14, 21, and 300-A were invoked by the petitioner regarding the right to livelihood and property

The Court observed that the impugned notice dated 26.02.2021 was essentially a show-cause notice in nature, requiring the petitioner to produce documents regarding his possession rather than a final adjudication of rights

Since no final adverse order had been passed, the Court found that the interests of justice would be served by requiring the petitioner to submit his claim to the Municipal Corporation instead of the Court deciding the merits

The Court determined that the validity of the petitioner’s long-term possession and the Corporation's jurisdiction are matters for the administrative authority to verify first through a factual inquiry

The respondent authority is directed to verify the documents, afford the petitioner an opportunity of hearing, and pass a reasoned, speaking order within 90 days. Crucially, the interim protection against demolition granted on 10.03.2021 is ordered to continue until the final decision is taken by the competent authority