Komal Chand Kahar Vs the State of Chhattisgarh

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Digitally signed by YOGESH YOGESH TIWARI TIWARI Date: 2026.05.1210:40:34 +0530

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2026:CGHC:22099

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2327 of 2026

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Komal Chand Kahar S/o Late Shri Laxminarayan Kahar Aged About 40 Years Occupation - Shopkeeper, R/o Somwari, Bazar, Post And Tahsil Gobra Nawapara Distt. Raipur Chhattisgarh

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... Petitioner

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versus

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1 - The State Of Chhattisgarh Through The Secretary Department Of Urban Administration Ministry, Naya Raipur Chhattisgarh

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2 - The Chief Municipal Officer (CMO) Nagar Palika Parishad Gobra Nawapara, District Raipur Chhattisgarh

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3 - Yogendra Khelare S/o Maniram Khelare Aged About 56 Years Occupation Headmaster At Primary School Somwari Bazaar Gobra Nawapara, District Raipur Chhattisgarh

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4 - Dheeraj Sahu S/o Ratan Sahu Aged About 48 Years Occupation - Parshad, Caste - Sahu, R/o Somwari Bazar, Tehsil And P.S. Gobra Nawapara, District Raipur Chhattisgarh

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5 - Smt. Nirmala Sahu W/o Dheeraj Sahu Aged About 42 Years Occupation - Parshad, R/o Somwari Bazar, Tahsil And P.S. Gobra Nawapara, District Raipur Chhattisgarh

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... Respondents

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(Cause-title taken from Case Information System)

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2

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For Petitioner	: Mr. Ashok Kumar Shukla, Advocate
For State/Respondents No.1 and 2	: Mr. Shobhit Mishra, Deputy Government Advocate

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Hon’ble Shri Amitendra Kishore Prasad, Judge

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Order on Board

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11.05.2026

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1 By filing the present petition, the petitioner assails the arbitrary and unauthorized action of the respondent authorities in seizing the petitioner’s shop articles and their continued refusal to release the same despite repeated representations dated 16.10.2025 and 02.01.2026, in violation of the subsisting “status quo” order passed by this Court, thereby illegally preventing the petitioner from carrying on his lawful business and depriving him of his right to livelihood guaranteed under Article 21 of the Constitution of India, and accordingly seeks appropriate directions for immediate release of the seized articles and protection of his business operations. The petitioner has prayed for following relief(s):-

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“10.1 This Hon'ble Court may graciously be pleased to issue a writ of mandamus/certiorari or of like nature to the respondent authorities more so to the CMO to immediately release and return all the seized materials/articles mentioned above, belonging to the petitioner within stipulated period.

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10.2 That, a command/direction may kindly be issued to the respondents to allow the

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petitioner to peacefully resume and operate his business on the subject land in compliance with the status quo order dated 09/10/2025.

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10.3 That, a command/direction may kindly be issued to the respondent authorities to produce the entire record pertaining to the case of petitioner for the kind perusal of the court and for doing the needful and to consider upon the application for the release of the articles within stipulated time period.

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10.4 That, any other relief which is deem fit and proper may also be awarded to the petitioner along with the cost of the petition. ”

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2 Learned counsel for the petitioner submits that the present writ petition has been filed challenging the arbitrary, illegal and highhanded action of the respondent authorities in seizing the petitioner’s shop materials and articles from his poultry and chicken shop situated on the land bearing New Survey No. 803 (part of old Survey No. 830), Gobra Nawapara Rajim, District Raipur (C.G.), and their continued refusal to release the same despite repeated applications dated 16.10.2025 and 02.01.2026, thereby depriving the petitioner of his sole means of livelihood and violating his fundamental rights under Article 21 of the Constitution of India.

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3 It is further submitted that the petitioner is the lawful owner in possession of the subject land, his title having been duly declared in his favour by the Court of 4^th Civil Judge Class-II, Raipur in Civil

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Suit No. 126A/2010 vide judgment and decree dated 28.02.2011 passed against the Nagar Palika Parishad and the State of Chhattisgarh, which has attained finality. Despite the said binding decree, the respondent authorities have acted in complete disregard thereof and illegally demolished the petitioner’s shop on 02.09.2025 and seized essential business articles including wooden planks, iron cages, iron rods, iron racks and other materials, without following due process of law.

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4 It is also submitted that when the petitioner sought issuance of seizure memo/receipt for the confiscated articles, the same was unlawfully denied and instead the petitioner was threatened with administrative action. Further, even after filing of repeated representations dated 16.10.2025 and 02.01.2026 before respondent No.2, namely the CMO, Nagar Palika Parishad, no action has been taken for release of the seized articles, thereby rendering the petitioner remediless and unable to resume his business activities.

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5 Learned counsel further submits that the continued retention of the seized articles is not only without authority of law but also in clear violation of the status quo order passed by this Hon’ble Court in WPC No. 5322/2025 dated 09.10.2025, and amounts to abuse of power by the respondent authorities. It is also submitted that the seized articles are perishable in nature, being exposed to deterioration, and no prejudice would be caused to the

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respondents if the same are directed to be released to the petitioner subject to appropriate conditions.

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6 Accordingly, learned counsel submits that the present petition has been filed seeking appropriate directions for immediate release of the seized shop articles and for restraining the respondent authorities from causing further interference in the petitioner’s lawful business operations, which is his only source of livelihood.

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7 On the other hand, learned State counsel submits that the action of the respondent authorities is wholly legal and justified, as the shop in question was found to be in unauthorized occupation and the articles were seized during lawful action undertaken by the competent municipal authorities in discharge of their statutory duties. It is further submitted that no valid claim for release of the seized articles is made out as the petitioner’s possession itself is disputed and the proceedings were initiated in accordance with law, and therefore the petitioner is not entitled to any relief as prayed for in the present writ petition.

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8 I have heard learned counsel appearing for the parties and perused the documents available with the writ petition.

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9 Considering the overall facts and circumstances of the case, this Court is of the opinion that the grievance of the petitioner, at this stage, primarily pertains to non-consideration of his applications dated 16.10.2025 and 02.01.2026 seeking release of the seized

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shop articles, which are stated to be essential for his livelihood and continued business operations. Without entering into the merits of the rival contentions or expressing any opinion on the legality of the seizure or the respective claims of the parties, this Court deems it appropriate to direct an expeditious consideration of the petitioner’s pending applications by the competent authority.

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10 Accordingly, the concerned Chief Municipal Officer, Nagar Palika Parishad, Gobra Nawapara, District Raipur (C.G.), is directed to consider and decide the applications dated 16.10.2025 and 02.01.2026 submitted by the petitioner, in accordance with law. The authority concerned shall afford due and proper opportunity of hearing to all concerned parties, including the petitioner and the respondent authorities, and shall take into consideration all relevant documents and materials that may be placed before it.

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11 It is further directed that the said authority shall pass a reasoned and speaking order on the aforesaid applications strictly in accordance with law, within a period of 45 days from the date of receipt of a certified copy of this order. The authority shall ensure that the decision-making process is fair, transparent and in consonance with the principles of natural justice.

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12 It is made clear that this Court has not expressed any opinion on the merits of the case and all issues are left open to be decided by the competent authority independently, uninfluenced by any observations made hereinabove.

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13 With the aforesaid observations and directions, the instant writ petition stands disposed of.

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14 There shall be no order as to costs.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Yogesh

Komal Chand Kahar v. the State of Chhattisgarh

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Komal Chand Kahar v. the State of Chhattisgarh

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