M/S Manuhar Sales Agencies Pvt. Limited v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No. 4305 of 2019

1. M/s Manuhar Sales Agencies Pvt. Limited A-17, Zone-2, Main Road, Vyapar Vihar, Bilaspur, Chhattisgarh. Through Meghraj Jivnani, S/o Late Chela Raj Jivnani, Aged About 58 Years, Director, M/s Manuhar Sales Agencies Pvt. Limited. R/o Chandela Vihar, P.D. Nagar, Bilaspur, Chhattisgarh.

2. Robin Jivnani S/o Harish Kumar Jivnani Aged About 32 Years R/o Chandela Vihar, P.D. Nagar, Bilaspur, Chhattisgarh. ---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Industries, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh.

2. Chhattisgarh State Industrial Development Corporation Limited Commercial Complex, Pandri, Raipur, Chhattisgarh.

3. General Manager Chhattisgarh State Industrial Development Corporation Limited, Tifra, Bilaspur, Chhattisgarh.

4. Joint Director Department of Town and Country Planning, Bilaspur, Chhattisgarh.

---Respondents For Petitioner :

Shri BD Guru, Advocate.

For State :

Shri Anshuman Shrivastava, Panel Lawyer.

For Respondent 2&3 Shri Ayaz Naved, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.11.2019 1.

The limited relief sought for by the petitioner in this petition is for a direction to the respondents to consider the claim of the petitioner seeking permission to raise construction over the land alloted to the petitioner for commercial purpose (Hotel Business).

2.

Perusal of record would show that there is already an order dated 19.06.2019 passed by the respondents No.2&3 stating that permission cannot be granted to the petitioner in the light of interim order passed by the High Court in WPC No.211 of 2013 dated 29.04.2013.

-23.

At this juncture, the counsel for the petitioner submits that he has already made couple of representations against the order dated 19.06.2019 before the respondent No.2 which till date is pending consideration. 4.

Given the said facts that representation of the petitioner against the order dated 19.06.2019 is pending consideration, the present writ petition in its present form stands disposed of directing the respondents to consider and decide the pending representation on its own merit at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

5.

Meanwhile, right of the petitioner stands reserved for moving appropriate application in WPC No.211 of 2013 for seeking any clarification of the order dated 29.04.2013.

6.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder