High Court Of ChhattisgarhWPC/2268/2021disposed off

Mahesh Kumar Jani v. State Of Chhattisgarh

2021-08-31Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 2268 of 2021 Mahesh Kumar Jani, S/o. Late Guruvantrai Jani, Aged About 63 Years, R/o. Kampti Line, District Rajnandgaon Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Urban Administration, Mahanadi Bhavan, Mantralaya, Naya Raipur Post Office And Post Station Naya Raipur, District Raipur Chhattisgarh.

2. Municipal Corporation, Rajnandgaon, Through Commissioner, District Rajnandgaon Chhattisgarh.

3. Collector, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

4. Sub Divisional Officer, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

5. Building Officer, Municipal Corporation Rajnandgaon, District Rajnandgaon Chhattisgarh.

6. Smt. Rani Suryamukhi Devi Rajgami Sampada, Through Chairman Vivek Vasnik, S/o. Late Sivaji Vasnik, A /a 60 Years, R/o. Barkha Para, Rajnandgaon Chhattisgarh. Office Address- Old Tahsil Office, Baldevbag, Rajnandgaon Chhattisgarh.

7. Tahsildar And Manager Rajgami Sampada, Rajnandgaon, District Rajnandgaon Chhattisgarh.

---- Respondents 31.08.2021 Mr. Anumeh Shrivastava, Advocate for the Petitioner. Mr. Ashish Tiwari, Govt. Advocate for the State/ Respondents No.1, 3, 4 & 7.

Mr. Sandeep Dubey, Advocate for the Respondent No.2 & 5. Mr. Ashish Surana, Advocate for the Respondent No.6. Heard On the earlier date, the Municipal Corporation was directed to seek instructions as to whether before issuance of notice the provisions of Section 309 of the Municipal Corporation Act, 1956 were followed or not.

Learned counsel for the Municipal Corporation would submit that as per the communication, which is on record as Annexure R-2-5/1 the initial notice issued on 24.03.2021 has been withdrawn. In view of such submission of the Municipal Corporation since the notice dated 24.03.2021 has been canceled, the petition has become infructuous. The Municipal Corporation however shall be at liberty to follow the procedure prescribed under Section 309 of the Municipal Corporation Act and thereafter pass the suitable orders in accordance with law. Sd/- Li (Goutam Bhaduri) Judge Ashok