Yatish Fuley And ORS v. State Of Chhattisgarh And ORS.

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) WRIT PETITIONQ' o'. R §Li5 /2014 T"

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PETITIONERS 1.

Yatish Fuley S/o Laté/Bhimrao §§ley Aged About yeafs R/o HNo.2ll,Maa Bamleshwari Devi Road,Ward No.9 Sanjay Nagar, Dongargarh DissttRajnandgaon (C.G.) .,...

2.

Suresh Ag¢3§al, S/o Eggéu Balkishan Agrawal,aged about years, R/o HNo.23l,Maa Bamleshwari Devi Road,Ward No.9 Sanjay Nagar, DongargaghwDissttRajnandgéon (C.G.) 3.

Nirmala Chouhan, w/o LaterPralhad Chouhan Aged about 65years, R/o Maa Bamleshwari Devi Road,Ward No.9 Sanjay Nagar, Dongargarh Dissttv Rajnandgaon (C.G.) 4.

Madam Markar S/o Late Tikaram Markar, Aged About ~ 6§/// R/o Maa Bamleshwari Devi Road,Ward No.9 Sanjay Nagar, Dongargarh DissttRajnandgaon (C.G.)

VERSUS

RESPONDENTS 1.

State of Chhattisgarh Through Secretary General Administration Deptt.

D.K.S.

Bhawan, Raipur District Raipur (C.G.) 2.

The Collector, Rajnandgaon (C.G.) 3.

The Chief Municipal Officer, Dongargarh, DisttRajnandgaon(C.G.) "w WRIT PETITION UNDER ARTICLE OF THE CONSTITUTION OF INDIA

WWW mwwm HIGH COURT OF CHHATTISGARH BILASPUR w.P. (C) No.

PETITIONERS Yatish Fuley & others

Versus

RESPONDENTS State of Chhattisgarh & others Smt. Smita Jha, counsel for the petitioners.

Shri Suresh Kakariya, Dy.

Advocate General for the State.

ORAL ORDER (5/1/2015) Learned counsel for the petitioners would submit that though the petitioners have been removed from possession of their respective premises after demolishing the same, however, the second relief for issuance of mandamus directing the respondents-authorities to give them some alternative provision for conducting their business/residence is still surviving. She would submit that in fact alternative sites have been allotted to similarly placed persons, however, the petitioners have been signed out for discriminatory treatment merely for the reason that they have approached this Court by filing the present writ petition. (2) Considering submission and the prayer made in the writ petition, it is disposed of with a direction to the petitioners to submit representation before the respondents No.2 & 3 within a period of two weeks from today for making provision and for allotment of alternative sites, on the ground that the same has been alloted to similarly placed person.

The respondents No.2 & shall thereafter consider and decide the representation within further period of two months. lf for any reason the authority is of the opinion that the petitioners are not entitled for alternative sites the same shall be informed to the petitioners by a reasoned order and in such eventuality the petitioners would be at liberty to approach this Court afresh.

(3) With the above observation/direction, writ petition stands disposed of.

Sd/- Prashant Kumar Mishra Judge