Dear'S Farms Reg. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP No. 6 of 2006 Dear's Farms (Reg.) A partnership firm registered under the Indian Partnership Act, 1932 through its Partner Akhraj Jain, S/o Late Punam Chand Jain, aged about 47 years, Occupation Business, R/o Ramadhin Marg, Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh through the Secretary, Local Self and Urban Administration Department, Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh

2. Municipal Corporation, Rajnandgaon, though its Commissioner, Municipal Corporation, Rajnandgaon, Chhattisgarh

3. Commissioner, Municipal Corporation, Rajnandgaon, Chhattisgarh

4. Valudeo Tamboli, S/o Balmukund Tamboli, R/o A-25, Nehru Nagar, G.E. Road, Rajnandgaon, Chhattisgarh

5. Chhattisgarh State Electricity Board, through its Executive Engineer, Chhattisgarh State Electricity Board, Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner Shri Rajeev Shrivastava, Advocate For Respondent-State Shri Shashank Thakur, GA For Respondent Nos.2 & 3 Shri Sourabh Sharma, Advocate For Respondent No.5 Shri Manish Nigam, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 05/12/2018 1.

Learned counsel for the parties would jointly submit that the matter in issue involved in the present petition is covered by an order passed by the Coordinate Bench on 13.08.2018 in WPC

No.2471/2010 (Sharad Sharma vs Municipal Corporation and another).

2.

In view of the statement made, the order (Annexure-P-11) is set aside and the writ petition is disposed of in the same terms. The petitioner and the Officer of the respondent Nos.2 & 3 shall appear at the disputed site on 03.01.2019 at 3 pm and the physical verification in respect of the internal development of the subject property shall be conducted and thereafter the petitioner should be allowed minimum 3 months time for curing the deficiencies, if any, and thereafter the concerned respondent shall proceed to pass further suitable orders. 3.

A copy of the order passed in WPC No.2471/2010 supplied to the Court by learned counsel for the respondents is retained in the record of this petition.

Sd/- Prashant Kumar Mishra Judge Nirala