Kartikeya Jaiswal v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No. 679 of 2016 Kartikeya Jaiswal, S/o. Late Surendra Dev Jaiswal, Aged About 58 Years, R/o. Police Line Road, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh, Through Collector Surguja, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, Chhattisgarh
2. Municipal Corporation, Ambikapur, Through Commissioner, Near Water Tank Kedarpur, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, Chhattisgarh
3. Public Welfare Department (P.W.D.) Through Executive Engineer, Division, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, Chhattisgarh.
---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :
Ms. Priyanka Mehta, Advocate For Respondent 1 & 3 :
Mr. Sangharsh Pandey, Dy. Govt. Advocate For Respondent No.2 :
Ms. Sonia Kuldeep, Advocate on behalf of Mr. Bhupendra Singh, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 10.11.2016 1.
The petition is against the order dated 06.09.2016 whereby the application under Order 6 Rule 17 of C.P.C. has been rejected. 2.
Learned counsel for the petitioner submits that initially on wrong facts the averments were made, which came to notice subsequently, therefore, the amendment application is moved to correct the same. It is further submitted that the case is already fixed for final hearing.
3.
Considering the submission made and after going through the order, I do not find any jurisdictional error to have committed by the learned trial Court. Thus, this Court, in exercise of its power under Article 226 & 227 of the Constitution of India, is not inclined to interfere with the impugned order, which is legal, just and proper. However, the petitioner shall be at liberty to raise all the grounds, if so advised, in case the appeal is preferred.
4.
With such observation, the petition stands disposed off. Ashok Sd/- (Goutam Bhaduri) Judge