Smt. Reetu Agrawal Vs the State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2026)

Smt. Reetu Agrawal Vs the State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an application under Sections 308-A/308-B of the Act, 1956 before respondent No. 5 within 15 days; respondent No. 5 to decide such application within 30 days thereafter after due opportunity of hearing, in accordance with law; no coercive steps against the petitioner till decision of that application. Pending interlocutory application(s), if any, stand disposed of. Merits of the challenge to the notice were not decided.

Issue for consideration

Whether the notice dated 26/2/26 (Annexure P/4) should be quashed/set aside and the respondents restrained from demolishing the construction over the property at Khasra No. 415/5, Village Jhagraha, Distt. Korba (raised by prayer; not adjudicated on merits, as petition was disposed of on withdrawal with liberty). +1 more

Court's answer

Until decision of the petitioner's application under Sections 308-A/308-B, no coercive steps shall be taken against the petitioner.

Ratio / Principle

The writ petition is disposed of, granting the petitioner liberty to file an application under Section 308-A/308-B of the Act, 1956 before respondent No. 5 (Municipal Corporation Korba) within 15 days; upon such filing, respondent No. 5 is directed to decide the application within a further period of 30 days after affording due opportunity of hearing, in accordance with law.

Detailed headnote1 paragraphs

Chhattisgarh High Court, Bilaspur — WPC No. 1226 of 2026, decided 18/03/2026 (Naresh Kumar Chandravanshi, J.). Writ petition under Article 226 of the Constitution of India sought quashing of a notice dated 26/2/26 (Annexure P/4) and a direction that respondents not demolish construction over property at Khasra No. 415/5, Rakba 0.10 Acres / 0.040 Hectare, Village Jhagraha, Distt. Korba. Petitioner sought leave to withdraw the petition with liberty to file an appropriate application under Sections 308-A/308-B of the Municipal Corporation Act, 1956 before respondent No. 5 (Municipal Corporation Korba). The Court disposed of the petition granting such liberty within 15 days, directing respondent No. 5 to decide the application within a further 30 days after affording due opportunity of hearing, in accordance with law, and observing that till such decision no coercive steps shall be taken against the petitioner. Merits of the challenge to the notice were left open; no costs or quantum awarded.

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2026:CGHC:12992

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1226 of 2026

Smt. Reetu Agrawal W/o Shri Madan Agrawal Aged About 36 Years R/o Plot No. 45, Ward No. 31, Agrawal Trading Company, Jhagraha, Korkoma, Distt. Korba, Chhattisgarh.

... Petitioner

versus

1 - The State Of Chhattisgarh Through Secretary, Nagriya Prashashan And Vikas Vibhag, Mantralaya, Raipur, Chhattisgarh.

2 - The Collector Distt. Korba, Chhattisgarh.

3 - Sub Divisional Officer (R) Korba, Distt. Korba, Chhattisgarh.

4 - Tahsildar Korba, Distt. Korba, Chhattisgarh.

5 - Municipal Corporation Korba Through Its Commissioner, Municipal Corporation, Korba, Chhattisgarh.

6 - Building Officer Municipal Corporation Korba, Chhattisgarh.

7 - Superintendent Of Police Distt. Korba, Chhattisgarh.

... Respondents

{Cause title, as taken from Case Information System}

For Petitioner : Mr. Parag Kotecha, Advocate. For Resp. No. 1,2,3,4 & 7 : Mr. Shobhit Misha, Dy. Govt. Advocate. For Resp. No. 5 & 6 : Mr. Shashank Thakur, Advocate.

{Hon’ble Mr. Justice Naresh Kumar Chandravanshi}

Order on Board

18/03/2026

1. Instant writ petition under Article 226 of the Constitution of India has been

preferred by the petitioner seeking following reliefs:-

“(I) Quash / set-aside the notice dated 26/2/26 Annexure P/4, in the interest of justice.

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(ii) direct the respondents not to demolish the construction over the property situated at Khasra No. 415/5 Rakba 0.10 Acres / 0.040 Hectare at Village Jhagraha, P. No. 25 Tahsil and Distt. Korba.

(iii) Any other relief which this Hon’ble Court deems fit an proper under the fact and circumstances of the case and in the interest of justice.

Learned counsel appearing for the petitioner submits that he may be permitted to withdraw the instant petition with liberty to file appropriate application under Section 308 A & 308 B of the Municipal Corporation Act, 1956 (for short, “Act, 1956”) before respondents No. 5 & 6 for redressal of his grievance. He further submits that the respondent No. 5 may be directed to decide the application filed by the petitioner within a specific time frame. Till the, interim protection may be granted to the petitioner.

In reply, counsel for respondents No. 5 & 6 submits if the said application will be filed by the petitioner, then the same shall be considered and decided in accordance with law.

Having considered the contention putforth by counsel for both the parties, this petition is disposed of granting liberty in favour of the petitioner to file application under Section 308-A /308-B of the Act, 1956 before respondent No. 5 within a period of 15 days from today. In the eventuality of filing such application by the petitioner, the respondent No. 5 is directed to decide the same within a further period of 30 days after affording due opportunity of hearing to the petitioner in accordance with law. It is further observed that till decision of aforesaid application, no coercive steps shall be taken against the petitioner.

With the aforesaid observation & direction, the writ petition is disposed of.

Pending interlocutory application, if any, stands disposed of.

Sd/-

(Naresh Kumar Chandravanshi) Judge

AMITKUMARDUBEY Digitally signedby AMITKUMAR DUBEYDate:2026.03.2011:10:43 +0530

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