Dilip Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2312 of 2018 • Dilip Kumar Patel, S/o Ramji Patel, Aged About 55 Years, R/o New Timber Market, Fafadih, Raipur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Urban Administration Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Municipal Corporation Raipur, Through The Commissioner Municipal Corporation, Raipur, District Raipur, Chhattisgarh

3. Zone Commissioner, Zone No.3 Municipal Corporation, Raipur District Raipur, Chhattisgarh ---- Respondents For Petitioner Shri Hemant Kesharwani, Advocate For Respondent-State Shri Shashank Thakur, GA For Respondent Nos.2 & 3 Shri Pankaj Agrawal, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 27/08/2018 1.

Petitioner is aggrieved by the order (Annexure-P-1), whereby he has been informed that his application for regularization of unuathorized construction made under the provisions of the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (for short 'Adhiniyam, 2002') has been rejected by the Authority. 2.

Section 9 of the Adhiniyam, 2002 provides that any person aggrieved by an order passed by the Authority may appeal to the Divisional Commissioner within 30 days from the date of such

order.

3.

In view of the statutory alternative remedy available to the petitioner, the writ petition is not maintainable. It is accordingly dismissed relegating the petitioner to avail the alternative remedy within a period of 15 days from today.

Sd/- Prashant Kumar Mishra Judge Nirala