Vijay Kumar Sen v. Municipal Council Manendragarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 252 of 2017 Vijay Kumar Sen S/o Late Kamta Prasad Sen Aged About 45 Years R/o Ward No. 14, Near Jim Ghar, Manendragarh, District- Korea, Chhattisgarh ---- Petitioner

Versus

1. Municipal Council Manendragarh Through: Chief Municipal Officer, Manednragarh, District- Korea, Chhattisgarh

2. State Of Chhattisgarh, Through- Collector, Korea, Chhattisgarh

3. Pannal Lal Sen S/o Late Kamta Prasad Sen R/o Ward No. 14, Near Jim Ghar, Manendragarh, District- Korea, Chhattisgarh ---- Respondents For Petitioner :

Mr. Prafulla N. Bharat, Advocate.

For Respondent No.1 :

Mr. Abhishek Kumar Singh, Advocate For State :

Mr. UNS Deo, Government Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/03/2017 Heard on admission.

1. Though, the petitioner has challenged correctness and validity of order dated 10.02.2017 passed by the Civil Judge, Class-II, Manendragarh rejecting petitioner's application under Section 151 CPC, the prayer for restoration of possession on the submission that the interim order was passed by this Court on 23.12.2016 in the other pending Writ Petition (227) No.755 of 2016, taking into consideration the admitted position before interim order could be passed by this Court, the possession was already taken over by the Corporation, I am not inclined to interfere with the impugned order. However, this order shall not come in the way of the petitioner seeking appropriate relief in the pending writ petition.

2. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha