Disposed¶30

Mohd. Amin Meman v. State of Chhattisgarh

Chhattisgarh HC12 Aug 2025WPC/2859/2024

Case brief

AI extract

What is this about?

Encroachment removal without individual notice; maintainability of writ on general newspaper notice alone; Government Grass Land; Nagar Panchayat Basna; Chief Municipal Officer; threatened demolition of shops; liberty to issue show-cause notice and file reply with documents; batch disposal following WPC No. 2891 of 2024 dt. 20.03.2025; Chhattisgarh High Court Bilaspur; WPC No. 2859 of 2024; 2025:CGHC:40875.

What did the court decide?

No substantive relief against demolition granted on merits; petition disposed of with liberty to respondent authorities to issue individual show-cause notice and direction to petitioner to reply with documents showing he is not an encroacher. ¶30

Mohd. Amin Meman Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Maintainability of the writ petition, filed after only a general newspaper notice and without issuance of any individual notice to the petitioner, praying to restrain respondents from demolishing his shops. +1 more

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Court's answer

The Court declined to entertain the petition or pass any substantive order, observing that it was filed only on the basis of the 'paper clip' (general publication) without individual notice.

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Ratio / Principle

The petition stands disposed of in light of the order passed in the batch of petitions led by WPC No. 2891 of 2024 dated 20.03.2025.

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Key takeaways

The respondent authorities were left at liberty to issue an individual show-cause notice to the petitioner as to why he may not be removed.ratio¶30
On receipt of a notice for removal of encroachment, the petitioner was directed to file his reply annexing the relevant documents showing that he is not an encroacher.ratio¶31

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Arvind Kumar Verma, J.; decided 13/08/2025; neutral cite 2025:CGHC:40875) in WPC No. 2859 of 2024 (Mohd. Amin Meman v. State of Chhattisgarh & ors., incl. Chief Municipal Officer, Nagar Panchayat Basna): the petitioner sought restraint against demolition of his shops over alleged occupation of Government Grass Land. The Court declined to entertain the petition or pass any substantive order because it rested only on a general newspaper notice ('paper clip') with no individual notice to the petitioner. The petition stood disposed of in light of the order dated 20.03.2025 in the batch led by WPC No. 2891 of 2024; respondent authorities were left at liberty to issue an individual show-cause notice, and the petitioner was directed that, upon receiving an encroachment-removal notice, he file a reply annexing relevant documents showing he is not an encroacher.

2025:CGHC:40875

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2859 of 2024

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1 - Mohd. Amin Meman S/o Abdul Rahim Aged About 40 Years R/o Ward No. 9, Bazar Para, Basna, District Mahasamund, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralay, Mahandi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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2 - Collector Mahasamund, District : Mahasamund, Chhattisgarh

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3 - Sub Divisional Officer (Revenue) Tahsil Basna, District : Mahasamund, Chhattisgarh

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4 - Tahsildar Tahsil Basna, District : Mahasamund, Chhattisgarh

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5 - Nayab Tahsildar Tahsil Basna, District : Mahasamund, Chhattisgarh

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6 - Chief Municipal Officer Nagar Panchayat Basna, District : Mahasamund, Chhattisgarh

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Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.08.18 10:58:59 +0530

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... Respondent(s)

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For Petitioner(s)	: Shri Shikhar Sharma, Advocate
For Respondent/State	: Ms. Upasna Mehta, Dy.GA
For Respondent No.6	: Shri R.S.Baghel, Advocate

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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13/08/2025

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The petitioner by way of this petition has prayed for the following reliefs :

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10.1. This Hon’ble Court may kindly be pleased to issue a writ/order/direction as to restrain the respondents from demolishing the shops of the petitioner.

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10.2. That any appropriate writ, direction or order may also kindly be passed in favor of the petitioner, which this Hon’ble Court may deem fit in the circumstances of the case.”

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Learned counsel for the State raised preliminary objection stating that the petition itself is not maintainable as no notice has been issued to the petitioner.

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Learned counsel for the State raised an objection that the petitioner is in illegal possession of Government Grass Land and no notice has been issued to the petitioner. A general notice has been published in the newspaper upon which the petition has been filed which is not maintainable at all.

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The respondent/ Chief Municipal Officer, Nagar Panchayat, Basna, District- Mahasamund has filed its return stating that that petitioner is in illegal possession of Government Grass Land and no individual notice has been issued to the petitioner as such, only on the general notice this petition is not maintainable.

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¶29

Considering the facts and circumstances of the case and further considering this aspect that only on the basis of paper clip this petition has been filed, I do not consider this case to entertain and to pass necessary order.

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Accordingly, the petition stands disposed of in the light of the order passed in batch of petitions ie. WPC No. 2891 of 2024 dated 20.03.2025. However, the respondent authorities are at liberty to issue individual notice to the petitioner showing show cause as why he may not be removed and, in turn, the petitioner is also at liberty to file their reply explaining why they are in possession of the land in question.

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In case, notice has been received for removal of encroachment, the petitioner is directed to file his reply annexing the relevant documents showing this fact that he is not encroacher.

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Sd/-

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(Arvind Kumar Verma)

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Judge

Mohd. Amin Meman v. State of Chhattisgarh

Case brief

What is this about?

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Mohd. Amin Meman v. State of Chhattisgarh

Case brief

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