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High Court Of ChhattisgarhWP/1688/2004dismissed

Hari Charitable And Religious Trust v. The State Of Chhattisgarh And ORS.

2017-11-21Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP No. 1688 of 2004 Hari charitable and Religious Trust, Throught S.K. Juneja, S/o Late Dr. Haqri ram Juneja, Chariman, Hari Charitable and Religious Trust, Bilaspur, District Bilaspur (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Housing and Urban Development, D.K.S. Bhawan, Mantralaya, Raipur (C.G.)

2. Municipal Corporation, Bilaspur, through the Commissioner, Municipal Corporation, Bilaspur (C.G.)

3. The Collector, Bilaspur.

---- Respondents For Petitioner : Dr. N.K. Shukla, Senior Adv. And Mr. Vikram Sharma, Advocate.

For Respondents No. 1 & 3 : Mr. Arun Sao, Dy. Adv. General.

For Respondent No. 2 : Ms. Pushpa Dwivedi, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/11/17 Heard.

1.

Dr.N.K.Shukla, learned senior counsel appearing on behalf of the petitioner would submit that the petitioner is aggrieved against the inaction of the respondent authorities who are not allotting the land in favour of the petitioner for education purpose and, therefore, the necessary direction be issued.

2.

Mr. Arun Sao, learned Deputy Advocate General for the respondents No. 1 and 3 would submit that the order dated 31.01.2009 passed by respondent No. 2 has not been challenged in the writ petition and as such the writ petition as stands today is not maintainable unless the order dated

31.01.2009 is challenged.

3.

At this stage, Dr. N.K. Shukla, would submit that he may be allowed to withdraw this writ petition with liberty to challenge the order dated 31.01.2009 in accordance with law.

4.

The prayer appears to be fair and reasonable and is allowed. 5.

Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to challenge the order dated 31.01.2009 in accordance with law. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka