Dismissed

Kishan Singh Thakur v. Smt. Priyadarshini Singh Nahrel

Chhattisgarh HC27 Nov 2024MCC/1008/2024

Case brief

AI extract

What is this about?

The High Court dismissed a Medium Cause Certificate seeking recall of an order in a writ petition. The court held the proceeds were intended for typographical corrections, not setting aside orders, noting the State Government received adequate hearing and the notification issue was wrongly framed.

What did the court decide?

The Medium Cause Certificate is dismissed as it is not the proper proceeding to seek recall of the order.

Kishan Singh Thakur Vs Smt… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:46955

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 1008 of 2024

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Kishan Singh Thakur S/o Mr. Durgesh Singh Thakur Aged About 50 Years Presently President Nagar Panchayat Marwahi District Tahsil Marwahi, District Gaurella-Pendra-Marwahi, Chhattisgarh. (Res. No. 3)

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... Applicant

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versus

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Smt. Priyadarshini Singh Nahrel W/o Yogendra Singh Nahrel Aged About 40 Years R/o Village Marwahi Chichgohna Road Tahsil Marwahi District Gaurella Pendra Marwahi Chhattisgarh. At Present Sarpanch Village Panchayat Marwahi Tahsil Marwahi District Gaurella Pendra Marwahi Chhattisgarh. (Petitioner)

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State Of Chhattisgarh Through The Secretary Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur, C.G. (Res. No. 1)

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Collector Gourella-Pendra-Marwahi

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Chatamankaiwart S/o Mr. Rupsay R/o Village Lohari Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh, Vice President Nagar Panchayat Marwahi

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Mrs. Urmila Kol W/o Shiv Prashad R/o Lohari Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi

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Mrs. Santoshi Chandra W/o Mr. Ful Chand R/o Village Marwahi Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi

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Mr. Girish Rai W/o Mr. Lakhan Lal Rai R/o Village Kumhari Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi

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Mr. Vijay Singh Baghel W/o Mr. Raghunath Singh R/o Village Lohari Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi

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Mr. Indrapal Tiwari W/o Mr. Shivnarayan Tiwari R/o Village Kumhari Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi

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Mr. Mahendra Chandra W/o Mr. Gendlal Chandra R/o Village Marwahi Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi, Tehsil Marwahi

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11.Mrs. Shila Chandra W/o Mr. Rajendra Chandra R/o Village Marwahi Tahsil Marwahi District Gourela Pendra Marwahi Chhattisgarh. Member Nagar Panchayat Marwahi

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... Respondents

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For Applicant	: Mr. Rajeev Shrivastava, Sr. Advocate assisted
	by Mr. Malay Shrivastava, Advocate
For Respondent No.1	: Mr. Anand Mohan Tiwari, Advocate
For Respondent-State	: Mr. Pramod Ramteke, Panel Lawyer

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SB: Hon'ble Shri Parth Prateem Sahu, J

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Order On Board

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28/11/2024

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Applicant has filed this MCC seeking recall of the order dated 28.8.2024 passed in WPC No.3464/2024.

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Learned Senior Counsel for applicant submits that applicant was though impleaded as respondent No.3 in writ petition being President of Nagar Palika Marwahi, District Gaurella-Pendra-Marwahi, but no notice was issued to him and other nominated members impleaded as party respondents and without affording opportunity of hearing to them, writ petition was heard finally and disposed of. As writ petition was disposed of without issuing notice and granting opportunity of hearing to applicant, the impugned order is liable to be recalled and writ petition be heard and decided afresh after giving opportunity of hearing to applicant and other private respondents therein. He further submits

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that as applicant and other private respondents were not noticed, they could not bring to the notice of this Court about issuance of Notification under Section 126 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short ‘the Adhiniyam, 1993’) and could not make their submission on the harmonious construction of provisions i.e. Section 5, 7 and 16 of the Chhattisgarh Municipalities Act, 1961 (for short ‘the Act of 1961’)

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Learned counsel for respondent No.1 would submit that in the writ petition, petitioner/respondent No.1 herein has challenged the Notification dated 27.6.2024 issued by the State Government on the ground that it is in contravention of the provisions of the Act of 1961 and therefore, it is for the respondent State to defend the Notification. The State Government represented its case by filing reply and making final arguments in writ petition. No specific relief is sought against private respondents but for the relief seeking quashment of the Notification issued by the State. Hence, the application seeking recall of the order is bereft of merit. He further submits that application in its form is not maintainable and proper course for the applicant would be of filing review.

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Heard learned counsel for the respective parties and perused the documents annexed along with MCC.

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True it is that in writ proceeding, notice to private respondents were not issued. Perusal of relief clause of writ petition would show that petitioner has sought relief of quashment of Notification dated 27.6.2024 issued by the State Government. It is the action of the State Government which was under challenge and main contesting parties in the facts of the case to defend the notification is the State Government.

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Reply on behalf of the State was submitted, learned counsel representing the State was heard and thereafter the order impugned was passed.

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MCC is not the specific provision provided under the law for seeking setting aside or recall of the order passed by the Court. It is normally filed for modification or some correction in the order on the ground of typographical mistake. For the other grounds seeking setting aside of the order, applicant is having other remedies provided under the law including of review petition.

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SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI

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In view of above, in the opinion of this Court, this MCC for the relief as sought for is not proper proceeding and therefore, it is accordingly dismissed.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Kishan Singh Thakur v. Smt. Priyadarshini Singh Nahrel

Case brief

What is this about?

What did the court decide?

Kishan Singh Thakur v. Smt. Priyadarshini Singh Nahrel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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