Girwar Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1969 of 2016 • Girwar Verma S/o Late Shri Sahukar Verma, Aged About 43 Years R/o Jalampur Ward Dhamtari, Thana And Tahsil Dhamtari, Civil And Revenue District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. The State of Chhattisgarh Through The Secretary, Agriculture Development, Department, Mahanadi Bhawan, Capital Complex, New Raipur, Civil And Revenue District Raipur Chhattisgarh

2. Collector Dhamtari, District Dhamtari Chhattisgarh

3. Commissioner Municipal Corporation Dhamtari, District Dhamtari Chhattisgarh

4. Secretary, Krishi Upaj Mandi Samiti, Dhamtari, District Dhamtari Chhattisgarh ---- Respondents For Petitioner :

Shri Sumit Shrivastava, Advocate For Respondents/State :

Shri Soumya Rai, PL For Respondent No.4 :

Shri Y.S. Thakur, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/09/2019

1. Heard.

2. The grievance of the petitioner is that earlier he was holding a shop at Itwari Bazar, Dhamtari in the name of Baba Traders. Since all the shop holders of Itwari Bazar were settled in a new place at New Krishi Upaj Mandi premises, wherein he was also entitled to occupy the shop, but he has not been granted any shop till date. It is contended that the petitioner's application though was

forwarded to the respondent No.4 by the Commissioner, Municipal Corporation vide Annexure P-5 on 28.11.2015 but the same remains undecided till date. It is further submitted that till date, as per the instructions received, the shop No.3 is vacant, therefore, the petitioner may be given the possession of the said shop in lieu of the settlement.

3. Learned counsel for the petitioner submits that he may be allowed to make afresh representation to the respondents No.2 & 4 and he may be alloted the shop and the representation may be decided.

4. Perused the documents. The limited prayer of the petitioner is that the petitioner may be rehabilitated in the new place of business i.e. New Krishi Upaj Mandi as he was earlier having his business at Itwari Bazar, Dhamtari. Considering the prayer made, it is directed that on a fresh representation being made before respondents No.2 & 4 for allotment of the shop, the same shall be decided by the respondents in accordance with law. The petitioner may file the representation within a period of four weeks from today, thereafter, the respondents No.2 & 4 shall decide the same in accordance with law within a period of 3 months from the date of receipt of the representation.

5. With the above observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu