Manish Singh Vs Nava Raipur Atal Nagar Development Authority

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Digitally signed by RAGHVENDRA JAT

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2025:CGHC:17839

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1054 of 2022

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1 - Basant Agrawal S/o Shri Lakkhi Prasad Agrawal Aged About 38 Years R/o Vrindavan Niwas, Near Naya Talab, Gudhiyari Raipur, Tehsil And District Raipur Chhattisgarh.

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--- Petitioner(s)

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versus

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1 - Nava Raipur Atal Nagar Development Authority Through The Chief Executive Officer, Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh.

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2 - The General Manager (Administration) Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh.

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3 - The Manager (Land) Nava Raipur Atal Nagar Development Authority Paryawas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh.

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2

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4 - The Building Officer Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh.

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--- Respondent(s)

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WPC No. 1111 of 2022

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1 - Manish Singh S/o Shri Chandeshwar Singh, Aged About 36 Years R/o Navjeevan Society, Pachpedhi Naka, Raipur, Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - Nava Raipur Atal Nagar Development Authority Through The Chief Executive Officer, Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

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2 - The General Manager (Administration), Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector-19, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

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3 - The Manager (Land) Nava Raipur Atal Nagar Development Authority, Paryavas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District Raipur Chhattisgahr, District : Raipur, Chhattisgarh.

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3

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4 - The Building Officer, Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 5 - Director, Directorate Of Town And Country Planning, Chhattisgarh, Nava Raipur Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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--- Respondent(s)

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For Petitioner(s) : Mr. Ankur Agrawal, Advocate. For Respondent(s) No. 1 : Mr. A.S. Kachhawaha, Advocate. to 4

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For Respondent/ State in : Mr. Khulesh Sahu, Panel Lawyer. WPC No. 1111/2022

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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21/04/2025

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Since common question of facts and law is involved in both the cases, as such, both the petitions are being disposed of by this common order.

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The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer made by the petitioners in all the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The

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reliefs prayed in WPC No. 1054/2022 (Basant Agrawal Vs. Nava Raipur Atal Nagar Development Authority & Ors.) are quoted hereinbelow in order to consider both the cases and to decide the same.

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“10.1 That, the Honourable Court may kindly be pleased to issue appropriate writ/writs, order/orders directing the respondents to produce the relevant records pertaining to the case of the petitioners for its kind perusal.

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10.2 That, the Honourable Court may kindly be pleased to issue appropriate writ/writs, order/orders setting aside/quashing the impugned communication/memo 07.02.2022 (Annexure P/1) issued by the respondent authority.

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10.3 Any other relief(s) may also be given to the petitioner, which this Honourable court may deem fit and proper in the facts and circumstances of the case.”

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Brief facts of the case, is that, the petitioner is owner of the land bearing Khasra Nos. 36/1, 37/5, 37/8, 37/9, 37/10 and 37/13 measuring 0.131, 0.032, 0.036, 0.036, 0.028 and 0.101 hectare respectively which is situated at Village- Temri, Patwari Halka No. 78 Tahsil and District- Raipur. The petitioner has purchased the said land by the various registered sale deeds. The petitioner is using the said land for the purpose of agriculture. The petitioner

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has raised construction over the said land for the purpose of storage of machinery and equipments etc required for the agriculture purpose. Thereafter, the respondent No. 4 without any authority under Section 37 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam 1973 (hereinafter referred as Act 1973) has issued a memo dated 07.02.2022 to the petitioner. The respondent No. 4 without any prior notice and without any opportunity of hearing by the impugned memo dated 07.02.2022 directed the petitioner to remove the construction over the said land. The impugned memo has been issued contrary to the law and without any enquiry and adjudication by the competent authority conducted in accordance with law. The petitioner is carrying the agriculture activity on his land in accordance with the law and construction has been done for agriculture purpose only.

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Learned counsel for the respondents No. 1 to 4 submits that these petitions have been filed only on the basis of notice and the petitioner is having every opportunity to reply to the notice, however, it has not been done. He further submits that if the petitioner will approach before respondents No. 1 to 4, the grievance of the petitioner will be considered and appropriate orders will be passed in accordance with law.

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There is an order of stay which has been operating since 28.02.2022. As such, the petitioner may approach before

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respondents No. 1 to 4 within a period of 15 days, and in turn, the respondents No. 1 to 4 will decide the same in accordance with law within a further period of 10 days. This order will be effective only for 15 days, if the application is not filed, it will lose its efficacy.

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With this observation and direction, both the petitions stands disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Manish Singh v. Nava Raipur Atal Nagar Development Authority

Case brief

What is this about?

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Manish Singh v. Nava Raipur Atal Nagar Development Authority

Case brief

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