Jagdish Prasad Sahu Vs State of Chhattisgarh

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NAFR

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2025:CGHC:35926

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 3311 of 2025

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1 - Jagdish Prasad Sahu S/o Shri Milau Ram Sahu Aged About 49 Years R/o Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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2 - Smt. Kalpana Gupta W/o Satyanarayan Gupta Aged About 44 Years R/o Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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3 - Smt. S. Sashiprabha W/o Vasudev Rao Aged About 44 Years R/o Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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4 - Dr. Smt. Sushilmani Timothy W/o Shri Silas Madhukar Timothy Aged About 49 Years R/o Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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5 - Lakhanlal Gupta S/o Murit Ram Gupta Aged About 45 Years R/o Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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6 - Asma Nasir Khan W/o Nasir Mohammad Khan Aged About 44 Years R/o Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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7 - Smt. Archana Gupta W/o Narendra Gupta Aged About 37 Years R/o

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2

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Ward No. 9, Vyapar Vihar Road, Infront Of Income Tax Department Building, Bilaspur (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Housing And Environment Department, Indravati Bhawan, Atal Nagar, Raipur (C.G.)

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2 - State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

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3 - State Of Chhattisgarh Through Secretary, Urban Administrative And Development Department, Indravati Bhawan, Atal Nagar, Raipur (C.G.)

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4 - Bilaspur Municipal Corporation Through The Commissioner, Vikas Bhawan, Nehru Chowk, Bilaspur (C.G.)

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5 - Arun Kumar Agrawal S/o Narayan Das Agrawal R/o Nagpur, Maharashtra Presently Residing At Vinobha Nagar, Bilaspur (C.G.)

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... Respondent(s)

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For Petitioner(s) : Ms. Akanksha Jain, Advocate For Respondent/State : Ms.Poorva Tiwari, PL For Responndent No.4 : Shri Shaleen Singh Baghel, Advocate

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(HON’BLE SHRI JUSTICE ARVIND KUMAR VERMA)

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Order on Board

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24/07/2025

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With the consent of the parties, the matter is heard finally.

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Being aggrieved by the order dated 14.02.2025 passed by the respondent No.4 whereby the petitioners who are residing in the Ward N0.9, Vyapar Vihar Road, In front of Income Tax Department Building Bilaspur, their entry and exit of their residence area has been blocked

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3

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by raising a brick wall by one of the owner of the land and the petitioners are not having any alternative approach road. The petitioners filed application before the respondent No.5 which was not considered and has unlawfully obstructed by erecting a permanent wall. Hence, the petitioners have filed this petition.

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Contention of the counsel for the petitioners is that on 14.02.2025 order has been passed by the respondent NO.4 whereby they were purportedly allotted an alternative access road over Khasra No. 667/49, PH No.40, RNM Sirgitti, Gram Tifra, District Bilaspur measuring 704 sq. ft. However, the said land is neither owned nor possessed by the respondent No.4 and does not come under the prescribed standards under the Chhattigarh Bhumi Vikas Rules, 1984 rendering it unsuitable and unusable as a legal access road. Consequently, the petitioners are left with unlawful access to their residential property and are facing Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date: severe hardships and administrative apathy. She submits that direction 2025.07.26 14:19:40 +0530 may be issued to the respondents to allot a lawful and permanent access road to their residential property.

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Learned counsel for the respondent No.4 submit that he has filed the document dated 18^th July 2025 of the Zone Commissioner, Zone 4, Municipal Corporation, Bilaspur which has been referred to the Tahsildar, Bilaspur is taken on record. In the said letter, it has been specifically mentioned that “ekxZ laca/kh fookn dk fujkdj.k vk;qDr] uxj ikfyd fuxe] fcykliqj }kjk Jh v#.k vxzoky] xzke frQjk dh Hkwfe [kljk ua- 667@49 {ks=Qy 704 oxZ QhV tks fd lMd gsrq dz; dj ekxZ fuekZ.k djus uxj fuxe fcykliqj dks fnukad 06-02-2025 dks Lfky ij lkSai nh xbZ gS ,oa fyf[kr i= Hkh izLrwr fd;k x;k gSA” 5. In view of the above submission of the counsel for the respondent No.4, it is clear that the Municipal Corporation Bilaspur hs

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already resolved the dispute and the matter has been referred to the concerned Tahsildar, District Bilapsur. The concerned Tahsildar is directed to do the needful in view of the above said letter/memo of the Zone Commissioner, Zone 4, Municipal Corporation, Bilaspur within a period three months from the date of passing of the said order.

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It is directed that the petitioners may file fresh representation before the Zone Commissioner, Zone No.4 Bilapsur along with relevant documents as well as the order passed by this Court, within a period of 15 days fro today and in turn the concerned authority (Zone Commissioner, Zone No. 4) shall decide the representation o made with a period of 60 days from the date of receipt of copy of the same in accordance with law/rules/regulations.

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With the above observation, the petition stands disposed of.

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Sd/-

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(Arvind Kumar Verma) Judge

Jagdish Prasad Sahu v. State of Chhattisgarh

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Jagdish Prasad Sahu v. State of Chhattisgarh

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