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High Court Of ChhattisgarhWPS/1450/2021disposed off

Ajay Sharma v. State Of Chhattisgarh

2021-03-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1450 of 2021 Ajay Sharma S/o Shri Shankar Prasad Sharma Aged About 33 Years Constable No. 661, Posted At City Kotwali, Bilaspur District Bilaspur Chhattisgarh R/o Govt. Qtr. No. G-3/07, Police Lines Bilaspur District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. The Superintendent Of Police Bilaspur District Bilaspur Chhattisgarh

3. The Station House Officer Police Station City Kotwali, Bilaspur District Bilaspur Chhattisgarh

4. Shri Dhanesh Sahu Constable-Cum-Driver, Constable No. 1364, R/o Police Lines Bilaspur District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For State :

Ms. Hamida Siddiqui, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 22/03/2021

1. The challenge in the present writ petition is to the show cause notice Annexure P-1 dated 09.02.2021 issued to the petitioner.

2. The show cause notice seems to be the alleged illegal occupation of the government accommodation by the petitioner.

3. Given the fact that it is only a show cause notice and petitioner has been called upon to give his explanation, this Court does not find any strong case made out calling for an interference by this Court at this juncture.

Even otherwise the law is well settled that the Writ Court should not entertain the writ petition at show cause stage. The petitioner is said to have already submitted his explanation to the show cause notice and the same is pending consideration before the respondent no.2.

4. Given the facts that petitioner has already submitted his explanation the writ petition at this juncture can be disposed of directing the respondent no.2 to take appropriate decision after due consideration of the said explanation so provided by the petitioner in accordance with the rules governing the field.

5. With the aforesaid observation, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit