Upendra Kumar Chawda Vs State of Chhattisgarh

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2025:CGHC:58477

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2349 of 2023

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1 - Upendra Kumar Chawda S/o Late Shyamji Bhai Chawda Aged About 79 Years Residents Of Pratap Cement Works, Gol Bazar, District - Rajnandgaon Chhattisgarh.

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2 - Pratap Singh Chawda (Died Through Lrs) As Per Honble Court Order Dated 01-04-2025

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2.1 - Smt. Vimla Pratap Bhai Chawda W/o Late Pratap Bhai Chawda Aged About 70 Years R/o Pratap Cement Works, Gole Bazar, District Rajnandgaon, Chhattisgarh As Per Honble Court Order Dated 01-04-2025

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2.2 - Shri Kapil Pratap Bhai Chawda S/o Pratap Bhai Chawda Aged About 41 Years R/o Pratap Cement Works, Gole Bazar, District Rajnandgaon, Chhattisgarh As Per Honble Court Order Dated 01-04-2025

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Home Mahanadi Bhawan, District Raipur, Chhattisgarh.

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2 - Collector, Rajnandgaon, District Rajnandgaon Chhattisgarh.

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3 - Subdivisional Officer, Rajnandgaon/estate Officer Under The Public Premises Eviction District Rajnandgaon Chhattisgarh

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4 - Manager, Rajgami Samapada (Tahsildar), Rajnandgaon District - Rajnandgaon Chhattisgarh.

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Digitally signed byBALRAM BALRAM PRASAD PRASAD DEWANGAN DEWANGAN Date: 2025.12.04 11:25:21 +0530

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--- Respondent(s) ____________________________________________________________ For Petitioners : Ms. Anuja Sharma, Advocate For Respondents/State No.1 to 3 : Mr. Rishabh Bisen, P.L. For Respondent No.4 : Mr. B.P. Gupta, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

02/12/2025

Petitioners have filed this petition seeking following relief (s) :-

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“10.1 A writ and/ or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned for perusal of this Hon’ble Court, if thinks fit in the facts and circumstances of case.

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10.2 A writ and/or an order in the nature of writ of certiorari quashing the action of initiation of eviction proceedings vide notice (Annexure P-1) by the Respondent No.2 being illegal, arbitrary and an abuse of process of law.

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10.3 Any other writs and directions that may be deemed fit and just in the facts and circumstances of case.”

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Learned counsel for respondent No.4 raises an objection with regard to maintainability of writ petition at this stage on the ground that writ petition is filed against the show cause notice issued to petitioner U/s. 4(1) of the Chhattisgarh Lok Parishar Bedakhali Adhiniyam, 1974 (In short ‘the Adhiniyam, 1974), instead of filing of reply before the competent authority.

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Learned counsel for petitioners submits that this writ petition is filed on the ground that earlier, similar notice was issued to petitioner and the said proceeding is still pending, therefore, second notice would not lie.

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At this stage, learned counsel for respondent No.4 would submit that pursuant to the earlier notice issued, petitioners did not appear before the authority nor submitted any reply and no order has been passed in

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3

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that proceedings, therefore, this notice is issued under the Adhiniyam, 1974 asking petitioners to submit reply along with all relevant documents. Competent authority is yet to take decision based on the contents of the notice and also considering reply to be submitted by petitioners, therefore, at this stage where the writ petition is filed against the notice itself, in the opinion of this Court writ petition would not be maintainable.

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At this stage, learned counsel for petitioners submits that in the above facts of the case, petitioners may be granted breathing time to file reply before the competent authority on the notice Annexure P-1 dated 25.04.2023 and prays for two weeks time.

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In the aforementioned facts of the case, this writ petition is disposed of permitting petitioners to submit reply to the notice (Annexure P-1) on or before 23^rd of December, 2025 and if such reply is submitted, competent authority under the Adhiniyam, 1974 shall consider the same in accordance with law while further proceeding pursuant to the notice (Annexure P-1) dated 25.04.2023, if not already concluded and passed order.

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With the aforesaid observation and direction, this writ petition stands disposed of.

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Sd/-

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(Parth Prateem Sahu) Judge

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Balram

Upendra Kumar Chawda v. State of Chhattisgarh

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Upendra Kumar Chawda v. State of Chhattisgarh

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