Vinay Ghanshala v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4095 of 2019 Vinay Ghanshala S/o Shri Shailesh Sharma, Aged About 24 Years R/o MIG-1/1203, Amdi Nagar, Hudco, Bhilai, District Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Administration, Town And Country Planning Department, Mahanadi Bhawan, Mantralaya, Raipur Chhattisgarh

2. Municipal Corporation Through The Commissioner, Municipal Corporation, Bhilai, District Durg, Chhattisgarh

3. Administrative Officer, Zone - 1, Nehru Nagar, Municipal Corporation, Bhilai, District Durg, Chhattisgarh

4. Assistant Revenue Officer Zone 1 Municipal Corporation, Bhilai, Nehru Nagar, District Durg, Chhattisgarh

5. Bhilai Steel Plant, Through Chief Town Administrator, Civic Centre, Bhilai, District Durg, Chhattisgarh ---- Respondents For Petitioner :

Shri T. K. Tiwari, Advocate For State/R-1 :

Shri Chandresh Shrivastava, Dy. A.G.

For Respondents 2 to 4 :

Shri Apurv Goyal, Advocate For Respondent no.5 :

Shri P. R. Patankar, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 15.11.2019

1. The challenge in the present writ petition is to the order dated 08.11.2019 Annexure P-1 whereby the respondent no.4 has issued a

notice to the petitioner seeking for documents in respect of the ownership/title and construction related documents if any.

2. The present writ petition has been filed apprehending that the respondents may initiate demolishing proceedings against the petitioner's Garage that the petitioner has made on the land which was originally allotted to the petitioner's grandfather and the petitioner has subsequently got the lease in his name.

3. Considering the fact that the matter under challenge is only a notice seeking for explanation from the petitioner in respect of the ownership and construction related documents, this Court is of the opinion that the petitioner as of now need not have any such apprehension. Let the petitioner approach the respondent no.4 in respect of the notice that has been issued to him and submit his explanation so far as his title over the property and shall also show documents in respect of any permission that he has got for the construction made and can also raise the question of competency of the authority in issuance of Annexure P-1 and thereafter the respondents are expected to take an appropriate decision in accordance with law.

4. It is expected that whatever decision that the respondents would take, the same should also be uniformly made applicable in respect of all similar constructions made in the locality.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai