India Bulls Housing Finance Ltd. v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1015 of 2015 • India Bulls Housing Finance Ltd. Raipur District Raipur (Chhattisgarh), Through Its Authorised Officer ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, (Chhattisgarh)
2. Collector And District Magistrate, Raipur, District Raipur (Chhattisgarh)
3. Tehsildar, Raipur, District Raipur (Chhattisgarh)
4. Mahesh Sachdev S/o Shri Dwarika Das Sachdev Through Chhattisgarh Cold Storage Pvt. Ltd., R/o C-94-95/2 Sector -2, Devendra Nagar, Raipur, District Raipur (Chhattisgarh)
5. Smt. Sunita Sachdev W/o Shri Mahesh Sachdev Through Chhattisgarh Poly Packers Private Ltd., R/o C-94-95/2 Sector-2, Devendra Nagar, Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioner :
Shri Rajesh Mehendiratta, Advocate with Shri Harsh Wardhan, Advocate For Respondents-State :
Shri Adhiraj Surana, Dy. GA for the State For Respondents No.4 & 5:
Shri Ankit Singhal, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/12/2015
1. This writ petition under Article 226 & 227 of the Constitution of India has been preferred for quashing the notice dated 27.05.2015 (Annexure P-15) issued by the District Magistrate on the application moved by respondents No.4 & 5 for recalling of its order dated 13-4-2015.
2. It is common ground that during pendency of this writ petition, the recalling
application has been dismissed with observation that the same shall remain subject to final outcome of this writ petition.
3. Since this writ petition itself was filed against the notice issued by the District Magistrate on the application for recalling the order filed by respondent No.4 & 5 and that application itself having been dismissed by the District Magistrate, the writ petition has been rendered infructuous.
4. Accordingly, the writ petition is dismissed as having become infructuous. Parties would be at liberty to move afresh, in accordance with law either to get the earlier order of District Magistrate implemented or for challenging the subsequent order passed by the District Magistrate. Sd/- Judge Prashant Kumar Mishra ashu