Mohd. Sultan v. Municipal Corporation Raipur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2430 of 2018 • Mohd. Sultan S/o S/o Late Shri Sheikh Ramjan Aged About 39 Years R/o Moudhapara Near Afroj Bag Raipur, Tahsil And District Raipur, Chhattisgarh ---- Petitioner

Versus

1. Municipal Corporation Raipur Through Commissioner, Municipal Corporation Raipur, District Raipur, Chhattisgarh.

2. Collector Raipur, District Raipur, Chhattisgarh. ---- Respondent For Petitioner Mr. CR Sahu, Advocate For Respondent/State Mr. Shashank Thakur, Govt. Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 4/9/2018

1. Heard.

2. In the petitioner's earlier writ petition i.e. WPC No.1078/2018, this Court directed the Collector, Raipur to consider and decide the petitioner's application for allotment of shop within a period of 4 weeks. Pursuant to the said order, the impugned order -Annexure P/1 has been passed by the Commissioner, Municipal Corporation, Raipur inter alia mentioning that the names of the petitioner or his father late Sheikh Ramjan or his grand father late Khwaja Hussain are not entered into in any of

the record of the Corporation for last 40 years, therefore, he being not a previous allottee of a shop within the subject property, he is not entitled for allotment of shop.

3. If the petitioner had encroached some area and was occupying the premises as encroacher but not as an allottee, the scheme prepared by the Municipal Corporation for rehabilitation of the previous allottees would not cover him.

4. The petitioner has not preferred any such document which will prove that on any previous occasion, he was alloted shop at Jawahar Bazar, therefore, the petitioner is not entitled to any relief.

5. The petition sans substance is liable to be and is hereby dismissed.

Sd/- (Prashant Kumar Mishra) Judge Shyna