Citation : 2026 Latest Caselaw 1784 Chatt
Judgement Date : 17 April, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 6175 of 2025
Digitally signed by
AJAY KUMAR
DWIVEDI
DN: cn=AJAY
1 - Pinki Dewangan W/o Arjun Dewangan Aged About 33 Years R/o
KUMAR DWIVEDI,
ou=HIGH COURT,
o=HIGH COURT
OF
CHHATTISGARH,
st=Chhattisgarh,
Appollo Marg Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
c=IN
2 - Nand Kumari Dewangan W/o Tek Ram Dewangan Aged About 56 Years
R/o Appollo Marg Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
3 - Marjina Begam W/o Mo, Israil Aged About 51 Years R/o Appollo Marg
Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
4 - Rani Dewangan W/o Santosh Dewangan Aged About 46 Years R/o
House No. 193, Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
5 - Arpna Patel W/o Dolnarayan Patel Aged About 40 Years R/o House
No.16 Chawlan Awas Raj Kishore Nagar Lingiyadih Secl, Bilaspur, (C.G.)
495006
6 - Gayatri Dewangan W/o Sundar Dewangan Aged About 56 Years R/o
Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
7 - Sheela Singh W/o Kiralpal Singh Aged About 46 Years R/o In Front Of
Panchayat Druga Nagar Lingiyadih Secl Bilaspur C.G. 495006
8 - Sita Bai Kewat W/o Maniram Aged About 51 Years R/o Near Gram
Panchayat Durga Nagar Lingiyadih Secl Bilaspur C.G. 495006
9 - Madhu Manikpuri W/o Prakash Das Manikpuri Aged About 43 Years
R/o Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
10 - Kalpana Yadav W/o Chatur Singh Yadav Aged About 36 Years R/o In
Front Of Gram Panchayat Durga Nagar,ward No.6, Lingiyadih Secl,
Bilaspur, (C.G.) 495006.
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11 - Sunita Dhruw W/o Sanjiv Kumar Dhruw Aged About 43 Years R/o
Durga Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
12 - Kunti Bai Prajapati W/o Vedram Prajapati Aged About 43 Years R/o
House No. 395, Appollo Marg Durga Nagar, Lingiyadih Secl, Bilaspur,
(C.G.) 495006
13 - Jamuna Sahu W/o Chandra Kumar Aged About 37 Years R/o Durga
Nagar, Lingiyadih Secl, Bilaspur, (C.G.) 495006
14 - Radha Nishad Aged About 50 Years R/o Appollo Marg. Durga Nagar
Lingiyadih Secl Bilaspur C.G. 495006
15 - Munni Gond W/o Rajkumar Aged About 41 Years R/o Durga Nagar
Lingiyadih Secl Bilaspur C.G. 495006
16 - Dasmat Gond W/o Sukhram Aged About 46 Years R/o Durga Nagar
Lingiyadih Secl Bilaspur C.G. 495006
17 - Rajkumari Yadav W/o Arjun Lal Yadav Aged About 33 Years R/o Ward
No. No.5 In Front Of Panchayat Durga Nagar, Lingiyadih Secl Bilaspur C.G.
495006.
18 - Shabnam W/o Mohammad Tahid Aged About 30 Years R/o Ward No.
5, Durga Nagar Lingiyadih Secl Bilaspur C.G. 495006
19 - Rukhmani Bai Dhruw W/o Late Amarnath Dhruw Aged About 55
Years R/o Ghoghra Bartori Bilaspur C.G. 495224
20 - Dinesh Kumar Dhruw S/o Amarnath Dhruw Aged About 39 Years R/o
Opposite Appollo Hospital Ram Nagar Lingiyadih Bilaspur C.G. 495006
21 - Ricky Shrivas W/o Roshan Shrivas Aged About 33 Years R/o Ram
Nagar Lingiyadih Secl Bilaspur C.G. 495006
22 - Pooja Shrivas W/o Rakesh Shrivas Aged About 29 Years R/o Ram
Nagar Lingiyadih Secl Bilaspur C.G. 495006
23 - Saraswati Shrivas W/o Banti Shrivas Aged About 56 Years R/o House
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No.642 Ram Nagar Lingiyadih Secl Bilaspur C.G. 495006
24 - Vandana De W/o Santosh De Aged About 52 Years R/o Durga Nagar,
Lingiyadih Secl. Bilaspur C.G. 495006
---
Petitioners.
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur District- Raipur (C.G.)
2 - Collector Bilaspur , District - Billaspur (C.G.)
3 - Commissioner Municipal Corporation Bilaspur District- Bilaspur (C.G.)
--- Respondent(s) With
1 - Savitri Sahu Wd/o Late Shri Mantram Sahu Aged About 69 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
2 - Yashoda Patil Wd/o Late Shri Mukund Patil Aged About 75 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
3 - Leela Patil W/o Shri Pradeep Patil Aged About 40 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
4 - Urmila Patil W/o Shri Uttam Patil Aged About 43 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
5 - Sukwara Yadav W/o Shri Raghubal Yadav Aged About 53 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
6 - Chandana Dutta W/o Shri Sachin Dutta Aged About 44 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
7 - Anita Patil W/o Shri Dilip Patil Aged About 39 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
8 - Kamla Yadav W/o Shri Ramesh Yadav Aged About 41 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
9 - Kumari Kashyap W/o Shri Ashok Kashyap Aged About 35 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
10 - Anusuiya Bai Dhuri W/o Shri Janak Ram Dhuri Aged About 73 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
11 - Ashok Kumar Kashyap S/o Late Shri Dukalha Kashyap Aged About 48 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
12 - Sheetal Yadav W/o Shri Arun Yadav Aged About 49 Years R/o Durga Nagar, Lingiyadih, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh
---
Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh
2 - Municipal Corporation Of Bilaspur Through Its Commissioner, Vikas Bhawan, Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh
3 - Zone Commissioner Zone No. 07, Municipal Corporation Of Bilaspur, Vikas Bhawan, Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh
4 - Chief Executive Officer Bilaspur Smart City Limited, Office 2nd Floor, Community Hall, Vikas Bhawan, Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh
5 - District Collector Bilaspur, Tehsil And District Bilaspur Chhattisgarh
6 - Sub Divisional Officer Bilaspur, Tehsil And District Bilaspur Chhattisgarh
7 - Tehsildar, Bilaspur Tehsil And District Bilaspur Chhattisgarh
8 - Additional Tehsildar, Bilaspur Tehsil And District Bilaspur Chhattisgarh
--- Respondents.
(cause title downloaded from CIS Periphery) ORDER-SHEET
Mr. Animesh Verma with Mr. Krishnaraj Mishra, Counsel for the petitioners.
Mr. Praveen Das, Additional AG with Mr. Anand Dadariya, Dy. AG for the State.
Mr. R. S. Marhas, Counsel for respondent-Municipal Corporation.
Mr. Sudeep Shrivastava, Counsel for the petitioners. Mr. Praveen Das, Additional AG with Mr. Anand Dadariya, Dy. AG for the State.
Mr. Shaleen Singh Baghel, Counsel for respondent- Municipal Corporation.
***** Heard on Applications for interim relief in both cases (IA No.1/2025 in WPC No.6175/2025 and IA No.3/2026 in WPC No.372/2026.)
Learned counsel for the petitioners submits that the petitioners have been residing in Village Lingyadih since last 30-40 years by constructing houses on government land. They have also been provided electricity connections, ration cards, and other basic amenities by the Government/Authorities. He further submits that the petitioners have also deposited the desired amount sought from them by the respondent Authorities in respect of the lease of their respective lands under the 'Rajeev Gandhi Ashray Yojna', however, despite repeated requests and applications filed by the petitioners, no Patta is being issued to them, rather, the Municipal Corporation intends to vacate the said land and construct a garden and commercial complex on the said premises. Therefore, they are in apprehension that they may be removed at any time. Hence, interim protection may be granted to the petitioners till the disposal of the writ petition.
On the other hand, learned State counsel and learned counsel for the Municipal Corporation submit that though some petitioners have deposited amounts in respect of notices issued to them by the Municipal Corporation to grant them leases under the 'Rajeev Gandhi Ashray Yojna', but said scheme has been scrapped and a new scheme, namely 'Pradhan Mantri Jan Awas Yojna', is now floated. They further submit that the petitioners who are entitled and eligible under the scheme will be provided alternative dwelling houses, the process of which is under
consideration. Hence, interim protection may not be granted to the petitioners. However, they seek some time to file reply.
Having considered the fact that the petitioners are residing on the subject lands for a long period, and further considering that the respondents have also received payment from the petitioners after the service of notices issued to them to provide leases under the 'Rajeev Gandhi Ashray Yojna', purely as an interim measure, it is directed that the petitioners shall not be removed from their respective subject lands till the next date of hearing.
List this case after the summer vacation. Meanwhile, respondents who have not filed their reply, shall file the same within a period of 3 weeks on the interim application as well as on the main petition.
Sd/-
(Naresh Kumar Chandravanshi) Judge
Ajay
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