Navneet Chand v. Municipal Corporation

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4436 of 2019 Navneet Chand S/o Rev. S.M. Chand, Aged About 32 Years R/o Mission Compound Jagdalpur, Madan Mohan Malviya Ward, Jagdalpur, Chhattisgarh District Bastar Chhattisgarh Pin- 4940001 ---- Petitioner

Versus

Municipal Corporation Of Jagdalpur Through The Commissioner Having Its Office Near New Bus Stand Road, Jagdalpur, Chhattisgarh District Bastar Chhattisgarh Pin 494001 ---Respondents For Petitioner :

Shri N.K. Shukla, Sr. Adv. along with Shri Shailendra Shukla, Adv.

For Respondent :

Shri A.S. Kachhawah with Shri Harshamnder Rastogi and Ms. Shruti Pramar, respective Advocates.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.12.2019 1.

The present writ petition has been filed seeking for an appropriate direction to the respondent for issuance of a "No Dues Certificate" which the petitioner requires for the forth-coming election of Municipal Corporation, Jagdalpur.

2.

Counsel appearing for the respondent today has produced before this Court a document dated 02.12.2019 whereby it has been reflected that the petitioner who is in possession of Shop No. G-1 opposite city ground, there are dues outstanding against the Petitioner to the tune of Rs. 8,88,250/-.

3. Counsel for the respondent submits that in the letter dated 02.12.2019 itself it has been clearly mentioned that subject to the petitioner clearing the dues, authorities would consider issuance of the No Dues Certificate.

4. Today, when the matter is heard, Learned Sr. Counsel for the petitioner submits that permit the petitioner clear the dues by tomorrow morning and

-2the respondent be directed to issue the No Dues Certificate tomorrow itself.

5. This request by the Learned Sr. Counsel on behalf of the Petitioner is not opposed by the Counsel for the Respondent except that the amount should be deposited at the earliest as there is a prescribed time limit for issuance of No Dues Certificate and beyond which time the authorities may not be in a position to release the same.

6. Given the said facts of the case, let the petitioner clear the dues as is reflected in the letter dated 02.12.2019 by 11 o'clock in the morning tomorrow i.e. 06.12.2019 and subject to the petitioner depositing the entire amount, as per the letter dated 02.12.2019 the respondent is hereby directed to ensure that the "No Dues Certificate" should be issued to the petitioner immediately without any further delay tomorrow itself.

7. Counsel for the respective parties are expected to immediately communicate this order both to the petitioner as well as to the respondent in respect of the order and direction given by this Court.

8. Certified Copy Today.

9.

Sd/- (P. Sam Koshy) Judge Jyotijha