High Court affirmed the Single Judge's order disposing of a writ petition without notice regarding illegal construction claims, held no prejudice to appellant, remanded for consideration of appellant's reply before further action.
Writ appeal disposed of with observation that authority must wait for appellant's reply before taking further steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 95 of 2021
Rabindra Niketan, A Society Registered Under The Provisions of C G Society Regitrikarn Adhininiyam, 1973, Through - Its General Secretary Rupak Dutta S/o Late Subash Dutta (C.G.) Ward No. 69, Hudco, Bhilai, District - Durg Chhattisgarh.
---- Appellant
Versus
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Ajay Pal Singh, Advocate For Respondent No.1 : Mr. Siddharth Rathore, Advocate For Respondent/State : Mr. Vikram Sharma, Deputy Government Advocate For Respondent No.3 : Mr. H.B. Agrawal, Senior Advocate assisted by Mr. Pranjal Agrawal, Advocate
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Rajendra Chandra Singh Samant, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
02.05.2022
Heard Mr. Kishore Bhaduri, learned senior counsel for the appellant. Also heard Mr. Siddharth Rathore, learned counsel, appearing for respondent No.1, Mr. Vikram Sharma, learned Deputy Government
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Advocate, appearing for respondents No.2, 4 & 5 and Mr. H.B. Agrawal, learned senior counsel, appearing for respondent No.3.
“5. Given the said submissions by the learned counsel for the parties, this writ petition need not be kept pending and the same is disposed of at the admission stage directing the respondents particularly the Municipal Corporation, Bhilai to take an appropriate step in this regard in accordance with the provisions of law at the earliest, preferably within 3 months from the date of receipt of copy of this order. The petitioner also would be at liberty to file a detailed representation both to the respondents 2 & 3 in this regard within a period of 15 days from today.
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Sd/Sd/-
(Arup Kumar Goswami) (Rajendra Chandra Singh Samant) Chief Justice Judge
Anu
3 issues framed by the court
Whether the High Court ought to interfere with the writ court order directing the Municipal Corporation to inspect the site and also direct the appellant to file a reply.
Whether the appellant would suffer any prejudice from the writ court order dismissing the writ petition without notice.
Whether the authority needs to take further steps after considering the reply of the appellant.
1 provisions across 1 enactments
Rabindra Niketan, A Society
Devendra Kumar Janghel
State of Chhattisgarh
Municipal Corporation, Bhilai
Collector Durg
Superintendent of Police, Durg
Arup Kumar Goswami
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
