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High Court Of ChhattisgarhWPC/1732/2018disposed off

Subhash Prasad Sao v. State Of Chhattisgarh

2018-06-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1732 of 2018

1. Subhash Prasad Sao S/o Late Shri Sharda Prasad Sao, aged about 49 years, Partner of the Hotel Amit International R/o Sharad Kunj, Pushpak Nagar, Bhilai, District Durg (C.G.)

2. Smt. Meenakshi Devi W/o Subhash Prasad Sao, aged about 44 years, Partner of the Hotel Amit International R/o Sharad Kunj, Pushpak Nagar, Bhilai, District Durg (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Nagriya Nikay, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

2. Municipal Corporation, Bhilai through Commissioner, Municipal Corporation, Bhilai, District Durg (C.G.)

3. Building Construction Officer, Nagar Palika Nigam, Bhilai, District Durg (C.G.)

4. Joint Director, Town and Country Planning, Durg, District Durg (C.G.) ---- Respondents WPC No. 1733 of 2018

1. Subhash Prasad Sao S/o Late Shri Sharda Prasad Sao, aged about 49 years, Partner of the Hotel Amit International R/o Sharad Kunj, Pushpak Nagar, Bhilai, District Durg (C.G.)

2. Smt. Meenakshi Devi W/o Subhash Prasad Sao, aged about 44 years, Partner of the Hotel Amit International R/o Sharad Kunj, Pushpak Nagar, Bhilai, District Durg (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Nagriya Nikay, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

2. Municipal Corporation, Bhilai through Commissioner, Municipal Corporation, Bhilai, District Durg (C.G.)

3. Building Construction Officer, Nagar Palika Nigam, Bhilai, District Durg (C.G.)

4. Joint Director, Town and Country Planning, Durg, District Durg (C.G.) ---- Respondents For Petitioners :

Mr. Awadh Kumar Tripathi, Advocate.

For Respondents :

Mr. Anup Majumdar, Advocate.

For State :

Mr. R. N. Pusty, G. A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/06/18 1.

Learned counsel for the petitioners would submit that their application for construction on the parking area is pending consideration before the Joint Director, Town and Country Planning Department, Durg since 05.10.2017 and till date it has not been decided by the said authority. 2.

Be that as it may, the respondent No. 4 - Joint Director, Town and Country Planning Department, Durg is directed to consider and decide the petitioners' application strictly in accordance with law expeditiously preferably within a period of three months from today after hearing the affected parties and thereafter, the Commissioner, Municipal Corporation will take a fresh decision on the basis of the order passed by respondent No. 4 within a period of two weeks.

3.

With the aforesaid observation, the writ petitions stand finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka