Disposed

Bala Gupta v. State Of Chhattisgarh

Chhattisgarh HC15 Nov 2017WPC/3072/2017

Case brief

AI extract

What is this about?

In six consolidated writ petitions challenging municipal orders, the High Court of Chhattisgarh was informed that petitioners had filed appeals before the Collector. The bench allowed petitioners to proceed with said appeals and disposed of writ petitions finally with liberty to file afresh if the cause of action arose subsequently, directing no order as to costs.

What did the court decide?

Writ petitions disposed finally with liberty to file afresh if cause of action so arises; no order as to costs.

Bala Gupta Vs State Of Chhattisgarh — Municipal and Town Planning | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (C) No.3063 of 2017

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Pawan Kedia, S/o Laxmi Narayan Kedia, Aged about 60 years, R/o Rajmandir, Main Road, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3036 of 2017

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Smt. Anita Gupta, W/o Santosh Gupta, Aged about 38 years, Thakur Para, Near Hardev Lal Mandir, Ward No. 22, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3064 of 2017

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Mela Ram Sahu, S/o Khorbahara, Aged about 50 years, R/o Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3070 of 2017

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Manendra Singh Gumber, S/o Govind Singh Gumber, Aged about 50 years, R/o Near Jamat Mandir, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3072 of 2017

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Bala Gupta, S/o Kedar Gupta, Aged about 41 years, R/o Gupta Para, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3078 of 2017

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Pawan Gupta, S/o Laxminath Gupta, Aged about 35 years, R/o Union Bank Square, Kawardha, District Kabirdham (C.G.)

---- Petitioner

Versus

State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3084 of 2017

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Smt. Sita Patel, W/o Late Ghasi Patel, Aged about 55 years, R/o Maa Shakhambhari Krishi Kendra, Main Road, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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Writ Petition (C) No.3093 of 2017

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Rajendra Singh Gumber, S/o Govind Singh Gumber, Aged about 52 years, R/o Jamat Mandir Road, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

---- Respondents

AND

Writ Petition (C) No.3094 of 2017

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Rajkumar Chandravanshi, S/o Balram Chandravanshi, Aged about 40 years, R/o Sharda Kirana, Bus Stand, Kawardha, District Kabirdham (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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Collector, Kabirdham, Collectorate, Kawardha, District Kabirdham (C.G.)

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Kawardha Municipal Council, through the Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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Chief Municipal Officer, Kawardha Municipal Council, Kawardha, District Kabirdham (C.G.)

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---- Respondents

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For Petitioners: Mr. Kishore Bhaduri and Mr. Pawan Kesharwani, Advocates. For Respondents No.1 and 2 / State: - Mr. Dhiraj Kumar Wankhede, Govt. Advocate. For Respondents No.3 and 4: - Mr. A.S. Kachhawaha and Mr. B.L. Sahu, Advocates. For Santosh Namdeo: Mr. Amrito Das, Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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15/11/2017

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Learned State counsel submits that the petitioners had already preferred appeal under Section 307 of the Chhattisgarh Municipalities Act, 1961 before the Collector questioning the order dated 21-9-2017 which is pending consideration since 5-10-2017.

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Learned counsel for the petitioners submits that the petitioners may be allowed to avail the remedy of appeal which they had already filed before the Collector.

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Be that as it may, the petitioners are at liberty to proceed further in

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accordance with law.

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In view of the above, the writ petitions stand finally disposed of with liberty to file afresh, if cause of action so arises. No order as to

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cost(s).

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Sd/(Sanjay K. Agrawal) Judge

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Soma

Bala Gupta v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bala Gupta v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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