Abdul Karim v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 75 of 2018 • Abdul Karim, S/o late Shri Sheikh Abdul Rahman, aged about 65 years, R/o Amapara, Tatyapata Ward No.38, Raipur, Tehsil and District Raipur (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department of Urban Administration, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (CG)

2. Raipur Municipal Corporation, through its Commissioner, Raipur (CG) ---- Respondent For Petitioner : Shri Sunil Otwani, Advocate.

For Respondent/State : Shri Anand Dadriya, Govt. Advocate. For Respondent No.2 : Shri Sourabh Sharma, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/10/2018 :

1. This writ petition was preferred when the respondent - Corporation intends to demolish a part of the construction raised by the petitioner, as according to the Corporation, the construction is unauthorized.

2. Learned counsel for the petitioner would submit that the construction raised by the petitioner has been regularized by the competent authority under the provisions of Chhattisgarh Anadhikrit Vikas Ka Niyamatikaran Adhiniyam, 2016.

3. Learned counsel for the respondent - Corporation would submit that the Corporation has withdrawn the notice (Annexure-P/1), therefore, cause of action for preferring this writ petition does not survive, as the Corporation does not intend to proceed further in the matter pursuant to Annexure-P/1.

4. In view of the above, the Writ Petition stands disposed of, as there is no threat of demolition to the petitioner's property as on date pursuant to Annexure-P/1.

Sd/- Judge (Prashant Kumar Mishra) Barve