High Court Of ChhattisgarhWPC/1166/2016disposed off

Ishwar Sahu v. State Of Chhattisgarh

2016-05-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1166 of 2016

1. Ishwar Sahu S/o Shri Sita Ram Sahu, Aged About 41 Years R/o Bhawani Nagar, Kota, Raipur, Tehsil And District Raipur, (Chhattisgarh)

2. Smt. Rajeshwari/ Rakeshwari Sahu, W/o Ishwar Sahu, Aged About 36 Years R/o Bhawani Nagar, Kota, Raipur, Tehsil And District Raipur (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Town And Country Planning, Mahanadi Bhawan, Mantralaya, Naya Raipur, (Chhattisgarh)

2. Municipal Corporation, Raipur, Through Zone Commissioner, Zone No.8, Raipur, District Raipur, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Chandresh Shrivastava, Advocate For State :

Shri B. Gop Kumar, Dy.A.G.

For Corporation :

Shri Pankaj Agrawal, Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/05/2016 Heard on admission.

1. This petition has been filed by the petitioners on apprehension that the respondents may proceed against the petitioners without proper scrutiny, enquiry of their documents of title, building permission etc.

2. Shri Pankaj Agrawal, Advocate, who appears for respondent No.2 Corporation submits that the apprehension of the petitioners is not well founded. The Corporation has given notices dated 07.04.2016 & 8.4.2016

(Annexure P/1) only to make proper enquiry, scrutiny of all aspect of title, building permission and construction of the petitioners.

3. In view of the statement which is made by learned counsel for the respondent -Corporation and that notices dated 07.04.2016 & 8.4.2016 only require the petitioners to place relevant documents before the Corporation Authority and no adverse orders against the petitioners have been passed, in the considered opinion of this Court, the petition has been filed on mere apprehension without any adverse orders against the petitioners.

4. It goes without saying that pursuant to the notices, all aspect of the matter shall be duly looked into and examined before proceeding further in the matter.

5. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen