Rahul Kumar Mishra Vs Aavas Financiers Limited

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1

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2025:CGHC:56677

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 5966 of 2025

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ALFIZA BAIG

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Digitally signed by ALFIZA BAIG Date: 2025.11.21 15:22:20 +0530

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Rahul Kumar Mishra S/o Tribhhuwan Prasad Mishra Aged About 32 Years R/o Pragati Nagar, Near Shiv Mandir, Bada Ashok Nagar, Gudhiyari, Tehsil And District Raipur (C.G.)

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versus

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1 - Aavas Financiers Limited Through Its Authorized Officer Local Office - B-1 Second Floor, Nagdev Plaza, Kutchery Chowk Opposite Punjab Palace Hotel, Raipur (C.G.) - 492001 (C.G.)

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2 - The District Magistrate Raipur District Raipur (C.G.)

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3 - District Registrar Raipur District Raipur (C.G.)

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4 - Tehsildar Raipur District Raipur (C.G.)

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5 - Nayab Tehsildar Raipur District Raipur (C.G.)

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6 - Divisional Commissioner Cum Sambhagiya Aayukt Raipur District Raipur (C.G.)

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... Respondents For Petitioner : Mr. Raman Mishra, Advocate For State-Respondents : Mr. Anurag Tripathi, Panel Lawyer

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Hon’ble Justice Shri Parth Prateem Sahu, Judge

Order on Board

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21.11.2025

1. Petitioner has filed this writ petition seeking following reliefs:-

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“10.1 That, this Hon’ble Court may kindly be pleased to call records with respect to the instant writ petition.

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10.2 That this Hon’ble Court may kindly be pleased to: Issue a writ of mandamus or any other appropriate writ/order directing the Respondent no. 2, District Magistrate-cumCollector, Raipur, to immediately comply with the order and notice dated 17.09.2024 issued by the Sambhagiya Aayukt/Divisional Commissioner, Raipur (Annexure A-1 & A-9) by submitting a complete status report within a fixed time frame before this Hon’ble Court.

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10.3 That this Hon’ble Court may kindly be pleased to : Issue a writ of mandamus or any other appropriate writ/order directing the Direct the Respondent no. 6, Divisional Commissioner, Raipur, to monitor and certify compliance of his order and ensure that the factual findings of the petitioner’s complaint dated 09.09.2024 and complain before Hon’ble Registrar General of this Court (Annexure A-8) are duly investigated.

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10.4 That this Hon’ble Court may kindly be pleased to: Issue a writ of mandamus or any other appropriate writ/order directing to direct the respondent no. 2 to compensate petitioner for his mental agony in result of respondent no. 2 negligence

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10.5 Pass any further or other orders that this Hon’ble Court may deem just, equitable, and proper in facts and circumstances of the case.”

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Learned counsel for petitioner submits that on the application submitted by petitioner, respondent no. 6/ Commissioner, Raipur issued memo to respondent no. 2/The District Magistrate to consider the application/complaint and to submit his report within 15 days, however, till date respondent no. 2 has not taken any decision nor submitted any report, therefore, direction be issued to respondent no. 2 to proceed in accordance with memo dated 17.09.2024 and to submit its report

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Learned counsel for Respondents/ State would submit that as petitioner is not pressing on the merits of the case and only seeking a direction to respondent No.2 to submit its report pursuant to memo

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3

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dated 17.09.2024, he is not having any objection to the limited prayer made by the petitioner.

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I have heard learned counsel for the parties and perused the documents enclosed along with this writ petition.

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On due consideration of submission made by respective parties, respondent no. 2/The District Magistrate, Raipur is directed to proceed in accordance with the memo dated 17.09.2024, in accordance with law, expeditiously, preferably within a further period of 04 months from the date of receipt of copy of this Order, if already not proceeded or considered.

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

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Certified copy as per rules.

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sd/-

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(Parth Prateem Sahu) Judge

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alfiza

Rahul Kumar Mishra v. Aavas Financiers Limited

Case brief

What is this about?

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Rahul Kumar Mishra v. Aavas Financiers Limited

Case brief

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