Dismissed¶28

Anil Tamboli v. State Of Chhattisgarh

Chhattisgarh HC10 Nov 2024WPC/1932/2016

Case brief

AI extract

What is this about?

Article 226; writ petition maintainability; locus standi; Public Interest Litigation; Municipal Council Mungeli; Animal Market auction 2015-2016; loss of public money; recovery resolution from salary of Chief Municipal Officer; dismissal with liberty to approach appropriate forum; Bibhu Datta Guru; WPC No. 1932 of 2016; Chhattisgarh High Court.

What did the court decide?

Liberty to the petitioner to approach before the appropriate forum, if his right is affected in any manner. ¶28

Anil Tamboli Vs State Of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2024)

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2024:CGHC:43825

NAFR

Digitally signed by RAHUL RAHUL JHA JHA Date:2024.11.12 14:35:04 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1932 of 2016

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1 - Anil Tamboli S/o Kishore Tamboli, Aged About 39 Years R/o Sardar Patel Ward, Mungeli, Tahsil And Dsitrict Mungeli Chhattisgarh, Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secreary Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh, Chhattisgarh.

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2 - The Collector, Mungeli, District Mungeli Chhattisgarh

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3 - The Municipal Council, Mungeli Through The Chief Municipal Officer, Municipal Council, Mungeli, District Mungeli, Chhattisgarh

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4 - The Chief Municipal Officer, Municipal Council Mungeli, District Mungeli Chhattisgarh

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5 - Gend Singh Rajput, Posted As Assistant Revenue Inspector, Municipal Council Mungeli, District Mungeli Chhattisgarh

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6 - Radhelal Soni, Posted As Revenue Incharge Mungeli Council, Mungeli, District Mungeli Chhattisgarh 7 - Jayjay Yadav, S/o Shri Arjun Yadav, R/o Vinoba Bhave Ward Mungeli, District Mungeli Chhattisgarh

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Respondents

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For Petitioner	: Mr. Kripesh G Kela, Advocate
For Respondent/State	: Mr. Abhishek Singh, Panel Lawyer
For Resp. No. 3 & 4	: Mr. Navdeep Singh, Advocate

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2 / 3

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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11/11/2024

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The present Writ Petition has been filed by the petitioner seeking direction towards respondent Nos. 1 & 2 to take proper action against respondent No. 4 & 7 alleging that respondent No.4/Chief Municipal Officer has caused loss of public money, and despite the resolution passed by respondent No.3 for recovery of loss of money from the salary of respondent No.4, till date no action has been taken place.

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Learned counsel for the petitioner submits that the petitioner being one of the bidder had participated in the auction proceeding for the Animal Market of Municipal Council, Mungeli for the year 2015-2016. He submits that respondent No.4 has caused loss of public money and despite the resolution passed by respondent No.3 for recovery of said amount from the salary of respondent No.4, no action is being taken.

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Learned counsel for the State as well as for Municipal Council submit that the instant petition filed under Article 226 of the Constitution of India is not maintainable as it is not a Public Interest Litigation and the petitioner has no locus to claim such relief against respondent No. 4 & 7.

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I have heard counsel for the parties and perused the record.

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It appears from the pleadings of the petition that the petitioner is seeking directions towards respondent Nos. 1 & 2 to take action against respondent No. 4 & 7 for causing loss of public money and the Municipal Council has passed a resolution for recovery of said amount from respondent No.4.

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The petitioner has failed to explain that as to how he is affected by that issue. Hence, as it is not a Public Interest Litigation, therefore, the writ petition preferred under Article 226 of the Constitution of India is not maintainable. If, the petitioner is having any grievance, he may approach to the appropriate Authority by bringing the act of Municipal Council.

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In view of the above, the writ petition is dismissed with a liberty to the petitioner to approach before the appropriate forum, if his right is affected in any manner.

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Sd/-

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(BIBHU DATTA GURU)

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JUDGE

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Rahul

Anil Tamboli v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anil Tamboli v. State Of Chhattisgarh

Case brief

What is this about?

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