Chattisgarh High Court
Mothers Care Nursery School vs State Of Chhattisgarh on 3 July, 2025
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 3008 of 2019
1 - Mothers Care Nursery School Through Its Principal Smt. Vijay
Laxmi Sharma, W/o Shri Pramod Kumar Sharma, Aged About 50 Years
Balco Korba, Tahsil Anddistrict Korba Chhattisgarh., District : Korba,
Digitally
Chhattisgarh
REKHA signed by
SINGH REKHA
SINGH
2 - Smt. Vijay Laxmi Sharma W/o Shri Pramod Kumar Sharma Aged
About 47 Years Principal Mothers Care Nursury School, Balco And R/o
House No. 254- B/1, Balco Nagar, Korba Tahsil And District Korba
Chhattisgarh., District : Korba, Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Ministry Of School,
Education Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur
Chhattisgarh., District : Raipur, Chhattisgarh
2 - The Collector District Korba Chhattisgarh., District : Korba,
Chhattisgarh
3 - The District Education Officer District Korba Chhattisgarh., District :
Korba, Chhattisgarh
4 - The Tehsildar / Executive Magistrate Korba, Chhattisgarh., District :
Korba, Chhattisgarh
5 - The Naib Tehsildar Korba, Chhattisgarh., District : Korba,
Chhattisgarh
6 - Municipal Corporation Korba Through Its Commissioner,, District :
Korba, Chhattisgarh
7 - Kalyan Shiksha Samiti, Through Its Secretary, Minimata Higher
Secondary School, Sector- 3, Balco Balco Nagar, Tashil And District
Korba Chhattisgarh., District : Korba, Chhattisgarh
---- Respondents
For Petitioner : Ms. Sameeksha Gupta, Advocate holding the
brief of Mr. B.P. Sharma, Advocate
For State : Ms. Shailja Shukla, Dy.G.A.
For Respondent No.6 : Mr. Vikram Sharma, Advocate
For Respondent No.7 : Mr. Prateek Sharma, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
03.07.2025
1. The petitioner has filed this petition seeking the following
relief(s):-
"A. A writ and/or an order in the nature of writ of
appropriate nature do issue calling the relevant
records pertaining to case of the petitioner from
the court below concerned for its kind perusal.
B. A writ and/or an order in the nature of writ of
appropriate nature do issue quashing the notice
dated 19.8.2019 issued by the respondent No.6
being arbitrary, illegal, malafide and amounts to
violation of fundamental and constitutional
rights.
C. A writ and/or an order in the nature of writ of
appropriate nature do issue directing the
respondents to make arrangements for
construction of lavatory for user of students and
staff of petitioner No.1-school or permitting the
petitioners to construct, at their own cost,
appropriate number of lavatories for boys & girls
students and also for staff members of the
school.
D. A writ and/or an order in the nature of writ of
appropriate nature do issue against the
respondent authorities to take immediate action
against all concerned for causing hindrances in
smooth functioning of the school in question and
provide security necessary for due discharge of
obligation.
E. Any other relief which this Hon'ble Court may
deem fit in the facts & circumstances of case.
F. Cost of the petition may also be awarded."
2. Learned counsel for the petitioner submits that the petitioner is
running a Nursery School with the strength of 246 students in the
rented premises of respondent No.7. It is stated that in order to
cause nuisance so that the petitioner may vacate the premises,
nursery students are not allowed to use the toilet as two schools
are being run in the same premises, one is Mini Mata Higher
Secondary School and another is the petitioner's school i.e.
Mother's Care Nursery School. It is stated that since toilets were
not being allowed to be used, the petitioner approached the
Tehsildar, Korba and the Tehsildar/Executive Magistrate, Korba
vide order dated 27/07/2019 granted permission to construct a
toilet. On the same date, an undertaking was given by a member
of the respondent/institute to use the toilets therefore permission
granted in favour of the petitioner was withdrawn. She would also
submit that the petitioner institution has already constructed a
toilet within their premises but the Municipal Corporation Korba is
raising objection and a show cause notice has been issued.
3. Learned counsel appearing for the Municipal Corporation would
submit that if the application is so received by the Municipal
Corporation, it shall be considered.
4. Learned counsel for respondent No. 7/Kalyan Shiksha Samiti
submits that it has never objected to the use of toilets. He further
submits that the petitioner wanted to construct the lavatory in the
middle of the ground which was objected to by the Kalyan
Shikshan Samiti. The attention was invited to the arrangement
which was arrived at on 03.08.2019 and would submit that
respondent No. 7 would not raise any objection if the
construction is made on the place earmarked for the toilet.
5. Heard the learned counsel appearing for the parties and perused
the documents placed on the record.
6. Admittedly, a civil suit was filed by respondent No.7 for eviction
against the petitioner and it was dismissed. Thereafter, First
Appeal No.504 of 2018 was preferred against the said judgment
and decree, which is pending before the High Court.
7. Indisputably, the petitioner is a tenant, and the students are
pursuing their studies in the school run by the Petitioner
Institution; the petitioner was granted permission by the Tehsildar
to construct a toilet but later on, that was withdrawn but as
contended by Ms. Gupta, pursuant to permission granted by the
Tehsildar, the toilet was constructed. If the petitioner has already
constructed the toilet/lavatory, neither the Tehsildar nor Municipal
Corporation shall create any disturbance till the disposal of the
first appeal but the petitioner shall not raise any new
construction.
8. With the aforesaid observation(s), the present petition is
disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge
Rekha
