Dismissed

Sheetal Lalwani and Anr. v. State of Chhattisgarh and Ors.

Chhattisgarh HC19 Mar 2012WA/87/2012

Case brief

AI extract

What is this about?

The High Court dismissed a writ appeal filed by representatives of private property owners against the dismissal of their writ petition. The writ court had rejected their plea due to lack of prior notice under Section 80 CPC. The High Court found no illegality in the writ court's order and dismissed the appeal summarily.

What did the court decide?

The writ appeal was dismissed summarily with no relief granted to the appellants.

Sheetal Lalwani and Anr. Vs State of… — Contract and Commercial Disputes | Chhattisgarh HC (2012)

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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D.B.: HON’BLE Mr. JUSTICE SUNIL KUMAR SINHA & HON’BLE Mr. JUSTICE RADHE SHYAM SHARMA

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WRIT APPEAL NO.87I2012

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APPELLANTS

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APPELLANTS	1	Sheetal Lalwani,	S/o
		Deepchand Lalwanim about 34 years	Aged
		Yogesh Lalwani,	S/o
		Deepchand Lalwani, about 28 years	Aged
		Both are resident‘of Osw	al Line,
		Rajnandgaon, Rajnandgaon (C.G.) Versus	District
RESPONDENTS	1	State of Chhattisgarh,	through
		District Magistrate IC	oilector
		Rajnandgaon,	District
		Rajnandgaon (C.G.)
		Superintendent of	Police
		Rajnandgaon,	District
		Rajnandgaon (C.G.)
		Municipai Corp	ration,
		Rajnandgaon, throug	h Its
		Commissioner Mu	nicipal
		Corporation Rajna	dgaon,
		District Rajnandgaon (C.	G.)
		Sub Divisionai Mag	strate,
		Rajnandgaon,	District
		Rajnandgaon (C.G.)
		Tahsiidar Rajnandgaon, 'Rajnandgaon (C.G.)	District
		Public Work Dep	artment
		Rajnandgaon,	District
		Rajnandgaon (C.G.)	though
		ought to be E.E. Of	fice of
		P.W.D. Rajnandgaon,	District
		Rajnandgaon (C.G.)

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WRIT APPEAL UNDER SECTION 2‘1) OF THE CHHATTISGARH HIGH COURT IAPPEAL TO DIVISION BENCH) ACT, 2006

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Appearance :

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Mr. V.K. Sharma, Counsel for the appellants. _ Mr. UNS Deo, Government Advocate for the State.

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WRIT APPEAL NO.87I2012

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ORAL ORDER (19.03.2012)

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The following order of the Court was passed by Sunil Kumar Sinha, J.

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Heard.

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The appellants/petitioners have filed this appeal against the Qrder dated 8‘“ of February 2012 passed in W.P.(C) No.261/2012. By the impugned order, the writ petition tiled by the appeliants has been dismissed by the writ Court. The appeiiants/petitioners, on apprehension of demolition of the superstructure, firstly gave a notice under Section 80 of the Code of Civil Procedure (in^{short‘CPC')on:02.02.2012andon} the next day i.e. 03.02.2012, filed a writ petition.

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lt was argued before the writ Court that the appellants were on apprehension that the demolition shall take place without taking recourse of law and without affording them opportunity of being heard. On the above argument, the counsel for the Corporation submitted that no steps for demolition of the property in dispute shall be taken without affording the appellants/petitioners, a proper opportunity of hearing. The writ Court observed that the appellants/petitioners have acted in haste and under misplaced apprehension. lf the appellants had taken recourse to send a notice under Section 80 CPC, they ought to have approached the proper forum and not the High Court on the very next day. The writ Court disposed of the writ petition in the following terms :

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6” However, in view of the clear and categorical submission made by learned counsel for the respondent/Corporation, it is not necessary to go into the detail of the case. Thus, this petition is disposed of with a

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WRIT APPEAL NO.87I2012

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direction, as aforestated by learned counsel appearing^for the respondent/Corporation.”

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Considering the facts and circumstances^ofthecaseand the contents of the impugned order, we do^{notfindanyillegality} or infirmity warranting interference by this^{CourtinthisintraCourt} appeat

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The writ appeal, therefore, is liable^{tobedismissedandis} hereby dismissed summarily. i

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Sd/-

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shyna

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Sunil^KumarSinha Judge

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SdlRadhe^shvamSharma l Judge

Sheetal Lalwani and Anr. v. State of Chhattisgarh and Ors.

Case brief

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What did the court decide?

Sheetal Lalwani and Anr. v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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