Anand Kumar Vishwakarma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 1711 of 2021 Anand Kumar Vishwakarma S/o Banshidhar Vishwakarma Aged About 43 Years R/o House No. 16/830, Shiv Nagar, Badaipara, Vishwakarma Chowk, Raipur, District Raipur (Chhattisgarh).

--- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department of Urban Administration and Development, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh).

2. Municipal Corporation Raipur through its Commissioner District Raipur (Chhattisgarh).

3. Deepak Sharma S/o Late Shri Baban Sharma R/o Shiv Nagar, Badaipara, Vishwakarma Chowk, Raipur, District Raipur (Chhattisgarh).

--- Respondents 23.03.2021 Mr. Kumresh Tiwari, counsel for the petitioner. Mr. Aditya Tiwari, Panel Lawyer, for the State/respondent no.1.

Mr. Pankaj Agrawal, counsel for respondent no.2. Learned counsel for the petitioner submits that respondent no.3 has illegally constructed the superstructure without following the norms of Municipal Corporation. Though several complaints were made, but it was not adhered to by the Municipal Corporation. He submits that since respondent no.3 has encroached upon certain land and illegal construction has been made, the complaints made to the Municipal Commissioner way back may be decided in accordance with law.

Counsel for respondent no.2/Municipal Corporation submits that since the petitioner has already made application

to the Commissioner and the Municipal Corporation that would be decided in accordance with law.

Considering the submission made, it is directed that the Municipal Corporation shall decide the complaint of the petitioner in accordance with law after giving opportunity of hearing to the petitioner as also respondent no.3 within a reasonable time.

With the above direction, this writ petition stands disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o