Smt. Chitralekha @ Rani Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4558 of 2019

1. Smt. Chitralekha @ Rani Mishra W/o Late Bhupendra Mishra, Aged About 55 Years, R/o H.No. 3/15, (New H.No. 41/478), In Front Of Bos Advocate, Chhotapara, P.S. City Kotwali, Raipur, District Raipur, Chhattisgarh

2. Srishti Mishra D/o Late Bhupendra Mishra, Aged About 25 Years, R/o H.No. 3/15, (New H.No. 41/478), In Front Of Bos Advocate, Chhotapara, P.S. City Kotwali, Raipur, District Raipur, Chhattisgarh

3. Shaswat Mishra S/o Late Bhupendra Mishra, Aged About 19 Years, R/o H.No. 3/15, (New H.No. 41/478), In Front Of Bos Advocate, Chhotapara, P.S. City Kotwali, Raipur, District Raipur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through- The Secretary, Urban Administration And Development Department, Mahanadi Bhawan Mantralaya, Atal Nagar, District- Raipur, Chhattisgarh

2. Collector, Raipur District Raipur, Chhattisgarh

3. Commissioner, Municipal Corporation, Raipur, District Raipur, Chhattisgarh

4. Smt. Rajrani Mishra W/o Late Rajendra Kumar Mishra, Aged About 70 Years, R/o H.No. 3/15, (Now H. No. 41/478), In Front Of Bos Advocate, Chhotapara, P.S. City Kotwali, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Sunil Verma with Mr. Rakesh Mishra, Advocates For Respondents 1 & 2 :

Mr. Sunita Jain, Govt. Advocate For Respondent no.3 :

Ms. Richa Dwivedi on behalf of Mr. Pankaj Agrawla, Advocate

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.12.2019

1. The limited relief sought by the petitioners in the present writ petition is for a direction to the Commissioner, Municipal Corporation, Raipur for taking an appropriate decision on the application put forth by the petitioners.

2. On a query being put to the counsel for the petitioners, it is submitted by the counsel for the parties that there is no such provision under the Municipality Act which envisages such an application to be made to the Commissioner.

3. If the law does not permit to move such an application before the Commissioner, Municipal Corporation and the petitioners on their own have made certain representation/application, that would not be sufficient enough for this Court to issue a mandamus for the Commissioner to take a decision on the said application.

4. The writ petition to that extent is not maintainable and the same stands dismissed.

5. However, the right of the petitioners stands reserved to avail other remedies open and available to the petitioners for ventilating their grievances.

Sd/- P. Sam Koshy Judge Khatai