Lakshman Prasad Shrivas v. Municipal Corporation, Bilaspur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 244 of 2016 Chetan Das Parwani S/o Late Trilok Chand Parwani, Aged About 73 Years R/o Sindhi Colony, Jarhabhatta, Bilaspur, Bilaspur ( P O & District ) Chhattisgarh State Pin 495001 ---- Petitioner

Versus

1. Municipal Corporation, Bilaspur Through Its Commissioner, Municipal Corporation Office, Bilaspur, Chhattisgarh State Pin 495001

2. District Collector, Collectorate, Bilaspur, Bilaspur Distirct Chhattisgarh State Pin 495001 ---- Respondents And WPC No. 249 of 2016 Lakshman Prasad Shrivas S/o Trilochan Prasad Shrivas, Aged About 59 Years R/o Karbala Road, In Front Of Dr. D.D. Rai, Bilaspur ( Po & Dist), Chhattisgarh State Pin 495001 ---- Petitioner

Versus

1. Municipal Corporation, Bilaspur Through Its Commissioner, Municipal Corporation Office, Bilaspur, Chhattisgarh State Pin 495001

2. District Collector, Collectorate, Bilaspur, Bilaspur Distirct Chhattisgarh State Pin 495001 ---- Respondents And WPC No. 252 of 2016 Sanjay Thakre S/o Ramesh Rao Thakre, Aged About 35 Years R/o Imlipara Road, In Front Of Yadav Bhawan, Old Bus Stand, Bilaspur, Bilaspur District Chhattisgarh State Pin 495001 ---- Petitioner

Versus

1. Municipal Corporation, Bilaspur Through Its Commissioner, Municipal Corporation Office, Bilaspur, Chhattisgarh State Pin

495001

2. District Collector, Collectorate, Bilaspur, Bilaspur Distirct Chhattisgarh State Pin 495001 ---- Respondents For Petitioners :

Shri K.R. Nair, Advocate.

For Corporation :

Shri Akhilesh Kumar, Advocate and Shri Malay Kumar Bhaduri, Advocate For State :

Shri Satish Gupta, Government Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/02/2016 Heard on admission.

1.

These three writ petitions have been filed by the petitioners aggrieved by notices issued to them by the Corporation whereby they have been directed to produce the ownership papers in relation to the shops, failing which adverse action is contemplated. 2.

Learned counsel for the parties jointly submit that similar dispute relating to the same area have been disposed off by this Court vide order dated 07.01.2016 passed in WP(C) No.7 of 2016 and batch of petitions wherein, direction has been issued to carry out necessary demarcation, afford personal hearing and pass reasoned order. 3.

In view of the above, following directions, similar in respect of these petitions also are passed in following terms. 4.

The writ petitions are disposed off with a direction that each of the petitioner shall submit all the relevant documents before the respondent Corporation within a period of 10 days from today. Based on the demarcation report prepared in the manner as directed earlier in WP(C) No.1870 of 2015 and demarcation of petitioners' shops, which may be done, if not already done, the Corporation shall provide personal hearing to the petitioners and thereafter, a reasoned order be passed by the

Corporation within a period of four weeks thereafter. Till the Corporation passes the above stated order, the petitioners' shops shall not be demolished.

5.

With the aforesaid directions, these petitions are disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha