Dr. Rajesh Kumar Prajapati Vs State of Chhattisgarh

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2025:CGHC:6645

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 242 of 2023

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1 - Dr. Rajesh Kumar Prajapati S/o Muneshwar Prajapati Aged About 38 Years The Director, I.M.I. Hostital, Khusipar, Bhilai, District : Durg, Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through- Its Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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2 - The Collector And Supervisory Authorities, C.G. Nursing Home Act, Durg, District : Durg, Chhattisgarh

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3 - The Chief Medical Officer, Durg, District : Durg, Chhattisgarh

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4 - Municipal Corporation, Bhilai Through- Its Commissioner, Municipal Corporation Bhilai, District : Durg, Chhattisgarh

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... Respondents

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(Cause title is taken from Case Information System)

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For Petitioner	: Mr. Hemant Kesharwani, Advocate
For Respondents/State	: Ms. Upasana Mehta, Dy. Govt. Advocate
For Respondent No.4	: Ms. Shrijita Kesharwani, Adv. on behalf of
	Mr. Rajesh Kumar Kesharwani, Adv.

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

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Order on Board

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05/02/2025

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By the present writ petition, the petitioner is questioning the order/ notice dated 03/01/2023 issued by respondent No.2 and order dated 19/12/2022 issued by respondent No.4 (Annexure P/1). Further he is seeking a direction towards the respondent authorities to consider and decide his representation pending before the authorities.

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Learned counsel appearing for the petitioner submits that the lease granted to the petitioner for residential purpose has been cancelled vide order dated 29/01/2022 as stated in the reply (Annexure R/1) submitted by the State. Though the copy of order of cancellation passed in respect of one Dr. Kiran Lodekar has been annexed with the reply, copy of the cancellation of lease of the petitioner has not been annexed by the respondent/State hence the present writ petition may be disposed of with a direction to the Municipal Corporation to consider and decide his case.

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Learned counsel appearing for the State submits that as on the basis of the lease granted to the petitioner for residential purpose, the petitioner has constructed a hospital and operating the same and that’s why the lease granted to the petitioner has been cancelled vide order dated 29/01/2022 and the application for regularisation of the said construction has also been rejected vide order dated 03/09/2019 (Annexure R/2).

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Learned counsel appearing for the the Municipal Corporation, Bhilai submits that in the event of submission of an application by the petitioner to the Corporation, the lease rejection order dated 29/01/2022 will be handed over to the petitioner.

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I have heard learned counsel for the parties, perused the documents and the reply submitted by the State.

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From perusal of the reply submitted by the State, it appears that because of the violation made by the petitioner, the lease granted earlier has been cancelled by the lease cancellation order dated 29/01/2022.

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In view of the above, the petitioner is directed to approach before the respondent No.4/ Municipal Corporation, Bhilai by submitting an application for supply of lease cancellation order. In the event of filing of such application, the Municipal Corporation, Bhilai is directed to supply the copy of lease cancellation order dated 29/01/2022 as stated in the reply submitted by the State within a further period of 10 days from the date of submission of such application, in accordance with law.

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With the aforesaid direction, this writ petition is disposed of.

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Sd/- (BIBHU DATTA GURU) JUDGE

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$. Bhilwar

Dr. Rajesh Kumar Prajapati v. State of Chhattisgarh

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Dr. Rajesh Kumar Prajapati v. State of Chhattisgarh

Case brief

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