February 28, 2026 : The Chhattisgarh High Court has dismissed a petition filed by a group of shopkeepers challenging the installation of a religious idol at Balani Chowk in Mungeli district. The court held that no statutory violation had been shown and that the petition suffered from serious procedural defects.
A division bench comprising Justices Ramesh Sinha and Ravindra Kumar Aggarwal was hearing the matter. The shopkeepers had questioned the Municipal Council’s decision to install an idol of goddess Maa Parmeshwari as part of a beautification project at the busy commercial square.
The court noted that the present petition had been filed for the third time without addressing foundational defects. While the shopkeepers challenged the work order dated April 4, 2025, they did not question the technical approval, the Notice Inviting Tender, or the municipal council’s resolution approving the project.
Relying on settled principles, the bench observed that when a consequential order is challenged without questioning the foundational action, the writ petition is liable to fail on that ground alone. Repeated filing of petitions without curing defects, the court said, amounts to misuse of the process of law.
The bench also reiterated that the scope of judicial review under Article 226 of the Constitution is limited to examining the decision making process and not the merits of administrative decisions.
The shopkeepers argued that installing the idol in the middle of an already congested road would obstruct traffic and block access to their shops, thereby infringing their right to carry on trade under Article 19(1)(g) and violating Article 14.
However, the court found these allegations speculative. It observed that no technical material such as a traffic assessment report or site plan had been placed on record to substantiate claims of obstruction or congestion.
The bench further recorded that no material had been produced to show that the installation violated any statutory provision.
The petitioners relied on Supreme Court decisions including Union of India v. State of Gujarat and Society for Fast Justice v. State of Maharashtra, which directed authorities not to permit unauthorised religious constructions on public land.
The state opposed the petition, arguing that those rulings dealt with unauthorised encroachments by private parties. In the present case, the action was taken by the municipal authority itself in exercise of statutory powers, pursuant to a duly approved beautification plan.
Counsel for the Municipal Council also submitted that the site was located on the side of the road within the municipal compound area, and not in the middle of the road as alleged.
Balani Chowk in Rajendra Ward, Mungeli, is described as one of the busiest commercial squares in the city. The proposal to install the idol was first initiated in 2023 but was halted after objections from shopkeepers. In 2025, the Municipal Council revived the plan and issued a work order to proceed.
Despite representations from the shopkeepers suggesting an alternative location, the council moved ahead with the installation as part of its beautification initiative.
Dismissing the plea, the High Court concluded that in the absence of arbitrariness, statutory violation, or procedural illegality, no interference was warranted.
