Disposed

Karsan Bhai Patel v. State of Chhattisgarh

Chhattisgarh HC13 Nov 2025WPC/5952/2025

Case brief

AI extract

What is this about?

Multiple writ petitions challenged the Raipur Municipal Corporation's Gunj Mandi Area Development Plan scheme, survey order and e-procurement tender notice and sought permanent lease deeds and protection of possession. Since related matters were pending before the Single Judge with an interim order in force, the Division Bench expressed no opinion on merits.

What the court decided

AI extract

Karsan Bhai Patel Vs State of Chhattisgarh — Municipal and Town Planning | Chhattisgarh HC (2025)

2025:CGHC:55521-DB

NAFR

Digitally signed by JYOTI JYOTI SHARMA SHARMA Date: 2025.11.17 10:47:28 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 5948 of 2025

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1. Shiv Shankar Pathak S/o Late Shri Rameshwar Prasad Pathak Aged About 68 Years R/o Behind Deshbandhu English School Gunjpara Baans Taal, Post Ganj District- Raipur (Chhattisgarh)

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2. Shiv Dayal Pathak S/o Late Shri Rameshwar Prasad Pathak Aged About 72 Years R/o Behind Deshbandhu English School Gunjpara Baans Taal, Post Ganj District- Raipur (Chhattisgarh)

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--- Petitioner(s)

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versus

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1. State Of Chhattisgarh Through Secretary, Urban Administration Mahanadi Bhawan, Raipur District- Raipur (Chhattisgarh)

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2. Municipal Corporation Raipur Through Its Commissioner Head Office Near Mahila Police Station Gandhi Maidan Raipur (Chhattisgarh)

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3. The Additional Commissioner Raipur Municipal Corporation Head Office, Near Mahila Police Station Gandhi Maidan Raipur Chhattisgarh - 492009

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4. The Assistant Revenue Officer Zone-2, Raipur Municipal Corporation Shahid Smarak English Medium School Fafadih Raipur Chhattisgarh – 492009

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5. The Chief Engineer Raipur Municipal Corporation Room No. 404, Head Office Near Mahila Police Station Gandhi Maidan Raipur, Chhattisgarh – 492009

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--- Respondent(s)

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WPC No. 5967 of 2025

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Anirudh Kumar Singh S/o Late Shri Bhagwan Baksh Singh Aged About 54 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through - Secretary, Urban Administration, Mahanadi Bhavan, Raipur, District Raipur, (Chhattisgarh)

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2. Municipal Corporation Raipur Through Its Commissioner, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur

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(Chhattisgarh)

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3. The Additional Commissioner Raipur Municipal Corporation, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur Chhattisgarh-492009

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4. The Assistant Revenue Officer Zone-2, Raipur Municipal Corporation, Shahid Smarak, English Medium School, Fafadih, Raipur Chhattisgarh492009

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5. The Chief Engineeer Raipur Municipal Corporation, Room No. 404, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur Chhattisgarh-492009

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--- Respondent(s)

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WPC No. 5963 of 2025

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Prashant Shukla S/o Late Sh. Jagannath Shukla Aged About 70 Years R/o Behind Deshbandhu, English School Gunjpara, Baans Taal, PostGanj, District- Raipur (Chhattisgarh)

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through- Secretary, Urban Administration Mahanadi Bhawan Raipur, District- Raipur (Chhattisgarh)

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2. Municipal Corporation Raipur Through Its Commissioner Head Office Near Mahila Police Station Gandhi Maidan, Raipur (Chhattisgarh)

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3. The Additional Commissioner Raipur Municipal Corporation, Head Office, Near Mahila Police Station Gandhi Maidan, Raipur Chhattisgarh, 492009

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4. The Assistant Revenue Officer Zone -2, Raipur Municipal Corporation, Shahid Smarak, English Medium School, Fafadih Raipur, Chhattisgarh- 492009

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5. The Chief Engineer Raipur Municipal Corporation Room No, 404, Head Office Near Mahila Police Station Gandhi Maidan, Raipur Chhattisgarh, 492009

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--- Respondent(s)

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WPC No. 5962 of 2025

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1. Virendra Pratap Singh S/o Shri Lalta Prasad Singh Aged About 32 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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2. Ravindra Pratap Singh S/o Shri Lalta Prasad Singh Aged About 35 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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3. Subhash Singh S/o Shri Lalta Prasad Singh Aged About 39 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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4. Lalta Prasad Singh S/o Shri Thakur Prasad Singh Aged About 69 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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5. Santosh Singh S/o Late Durga Prasad Singh Aged About 48 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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6. Binod Singh S/o Late Durga Prasad Singh Aged About 43 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh)

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through - Secretary, Urban Administration, Mahanadi Bhavan, Raipur, District Raipur (Chhattisgarh)

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2. Municipal Corporation Raipur Through Its Commissioner, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur (Chhattisgarh)

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3. The Additional Commissioner Raipur Municipal Corporation, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur Chhattisgarh-492009

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4. The Assistant Revenue Officer Zone-2, Raipur Municipal Corporation, Shahid Smarak, English Medium School, Fafadih, Raipur, Chhattisgarh492009

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5. The Chief Engineer Raipur Municipal Corporation, Room No. 404, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur Chhattisgarh-492009

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--- Respondent(s)

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WPC No. 5953 of 2025

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1. Vijay Pathak S/o Late Shri Shiv Kumar Pathak Aged About 67 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur Chhattisgarh

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2. Anup Pathak S/o Late Shri Shiv Kumar Pathak Aged About 65 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur Chhattisgarh

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3. Surendra Pathak S/o Late Shri Shiv Kumar Pathak Aged About 60 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur Chhattisgarh

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4. Anil Pathak S/o Late Shri Shiv Kumar Pathak Aged About 62 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur Chhattisgarh

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through Secretary, Urban Administration, Mahanadi Bhavan, Raipur, District Raipur Chhattisgarh

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2. Municipal Corporation, Raipur Through Its Commissioner, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh

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3. The Additional Commissioner Raipur Municipal Corporation, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh 492009

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4. The Assistant Revenue Officer Zone-2, Raipur Municipal Corporation, Shahid Smarak, English Medium School Fafadih, Raipur, Chhattisgarh 492009

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5. The Chief Engineer Raipur Municipal Corporation, Room No. 404, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh 492009

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--- Respondent(s)

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WPC No. 5952 of 2025

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Karsan Bhai Patel Proprietor-M/s M.K. Patel And Co. , S/o Late Shri Khimji Bhai Patel, Aged About 57 Years, R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj,, District : Raipur, Chhattisgarh

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through Secretary, Urban Administration Mahanadi Bhavan, Raipur, District : Raipur, Chhattisgarh

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2. Municipal Corporation Raipur Through Its Commissioner, Head Office, Near Mahila Police Station, Gandhi Maidan, District : Raipur, Chhattisgarh

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3. The Additional Commissioner Raipur Municipal Corporation, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh-492009

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4. The Assistant Revenue Officer Zone-2, Raipur Municipal Corporation, Shahid Smarak, English Medium School, Fafadih, Raipur, Chhattisgarh492009

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5. The Chief Engineer Raipur Municipal Corporation, Room No. 404, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh-492009

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--- Respondent(s)

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WPC No. 5949 of 2025

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1. Ram Moorat Tiwari S/o Late Shri Rajbali Tiwari Aged About 53 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District Raipur C.G.

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2. Shiv Moorat Tiwari S/o Late Shri Rajbali Tiwari Aged About 50 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District Raipur C.G.

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3 . Smt. Krishna Tiwari W/o Late Shir Yogendra Tiwari Aged About 52 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District Raipur C.G.

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4. Parth Tiwari S/o Late Shri Yogendra Tiwari Aged About 24 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District Raipur C.G.

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--- Petitioner(s)

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Versus

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1. State Of Chhattisgarh Through Secretary, Urban Administration, Mahanadi Bhavan, Raipur, District Raipur C.G.

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2. Municipal Corporation Raipur, Through Its Commissioner, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur C.G.

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3. The Additional Commissioner, Raipur Municipal Corporation, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur C.G.-492009 4. The Assistant Revenue Officer, Zone-2, Raipur Municipal Corporation, Shahid Smarak, English Medium School, Fafadih, Raipur, C.G.-492009.

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5. The Chief Engineer, Raipur Municipal Corporation, Room No. 404, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur C.G. 492009.

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--- Respondent(s)

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For Petitioner : Ms. Suparna Shrivastava and Mr. Vikas Shrivastava, Advocate For Respondents/ State: Mr. S.S. Baghel, Dy. G.A.

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Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge

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Judgment on Board

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Per Ramesh Sinha, Chief Justice

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14/11/2025

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Heard Ms. Suparna Shrivastava and Mr. Vikas Shrivastava, counsel for the petitioners and also heard Mr. S.S. Baghel, Dy. G.A. for respondent/ state.

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Since common facts and grounds involved in all these petitions, they are being considered and decided by this common order. For the sake of convenience, the pleadings of WPC No.5948 of 2025 are being referred.

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By the present petitions, the petitioners have sought for the following relief(s) :

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10.1 to issue a Writ in the nature of Certiorari quashing the scheme issued by the Respondent No.2-Raipur Municipal Corporation for implementation of the "Gunj Mandi Area Development Plan (Raipur Trade Center)"

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by constructing commercial and residential complexes together with multi level parkings thereon;

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10.2 to issue a Writ in the nature of Certiorari quashing the Survey Order dated 1.8.2025 issued by Respondent No.3 for carrying out survey on the subject lands;

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10.3 to issue a Writ in the nature of Certiorari quashing the e-Procurement Tender Notice dated 11.8.2025 issued by Respondent No.5 for the selection of firms/ consultants/architects for providing architectural/consultancy services for re-development of Gunj Mandi, Raipur, Chhattisgarh;

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10.4 to issue a Writ in the nature of Mandamus restraining the Respondent authorities from interfering with the lawful possession by the Petitioners of their premises situated in Gunj Mandi area in Raipur, Chhattisgarh;

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10.5 to issue a writ/writs, order/orders, direction/directions directing the Respondent authorities to produce the records of the case before this Hon'ble Court;

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10.6 to issue a writ/writs, order/orders, direction/directions directing the Respondent No.2Municipal Corporation to execute permanent lease deeds in favour of the Petitioners;

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10.7 to pass such other order/orders and/or give such other direction/directions as the justice of the case may demand; and

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10.8 to grant full costs of these proceedings to the Petitioners and direct the Respondents to pay the same besides bearing their own costs in full.

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Learned counsel appearing for the petitioners would submit that earlier the petitioners have approached this Court by filing WPC No.2494/2018 questioning the act of Corporation who has declined to grant permanent lease to the petitioners and also sought a relief restraining the respondent authorities from interfering with the lawful possession of their premises situated in Gunj Mandi area, Raipur. Further they sought a direction towards the Corporation to execute the permanent lease deed in their favour. In the said writ petition, this Court by order dated 28-112018 passed an interim order to the effect that “in the meanwhile, the respondents may undertake any fresh activity over the subject land only after obtaining permission of the Court.” Learned counsel would submit that in spite of continuation of interim order the respondent Corporation issued e-procurement tender notice dated 11.8.2025 issued by the respondent No.5 for the selection of firms/consultants/architects for providing architectural/ consultancy services for re-development of Gunj Mandi, Raipur.

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Having heard learned counsel for the petitioners, it is manifest that the matter is presently sub judice before the learned Single Judge of this Court by which the petitioners have sought a relief to execute the permanent lease and the interim order is continuing in their favour, we deem it appropriate to refrain from expressing any opinion on the merits of the matter. However, it shall be proper to wait for the decision to be rendered by the learned Single Judge in the pending writ petition(s) and thereafter, if the petitioners remain aggrieved, they shall be at liberty to avail the remedy as may be available to them under the provisions of law.

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At this juncture, learned counsel for the petitioners further seeks permission of this court to withdraw the present writ petitions with liberty to file fresh if cause of action arises.

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In view of the submissions made by learned counsel for the petitioners, all the present petitions are dismissed as withdrawn with the aforesaid liberty.

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Certified copy of the documents annexed in the petitions, if any, may be returned back to the counsel for the petitioners/ State after obtaining the photocopy of the same. -

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Sd/Sd/(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

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Jyoti

Karsan Bhai Patel v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Karsan Bhai Patel v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

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