Writ Petition (0 No^JJL3 ^ of 2012 v. State
Case at a glance
Outcome
Disposed of
With the aforesaid observations, the writ petition is disposed of
Provisions considered
- Constitution of India art. 226
- Chhattisgarh Municipalities Act, 1961 s. 330
Key paragraphs
- Para 99. With the aforesaid observations, the writ petition is disposed of. Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge
Judgment
1. State of C.G, through Secretary, Government Chhattisgarh, Department Urban Administration, D.K.S Bhawan, ^4antraIaya, Raipur (C.G)
2. Municipal Council, Kanker, through Chief Municipal Officer, Municipal Council, Kanker, District-Kanker (C.G) WRIT PET1TION UNDER ARTICLE 226 OF THE CQNSTITUTIQN OF INDIA FQR LSSUANCE OF QR/AND WRIT/WRITS, DIRECTION/DIRECTIONS IN THE NATURE OF M A N D A MUS.CERTIORARI, OR OF ANY OTHER APPROPRIATE NATURE ORDER/QRDERS, ^
HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI YATINDRA SINGH, C.J. HON'BLE SHRI SUNILKUMAR SINHA, J Writ Petition (0 No. 1397 of2012 Petitioner Anant Gopal Kothari VERSUS Respondents State of Chhattisgarh and another Writ Petition under Article 226 of the Constitution of India Present : Shri Siddharth Rathod, counselforthepetitioner. Shri AS Kachhawaha, Deputy Advocate General for the State/respondent -1. Shri Sourabh Sharma, counsel for respondent - 2. Shri VC Ottalwar, counsel for the intervener. ORDER (9thNovember,2012)
The Municipal Council, Kenker, district Kanker (the Council) executed two lease deeds on 29.10.1983 and 19.03.1985 in favour of Shri Anant Gopal Kothari (the Petitioner). These lease deeds were also renewed on 27.10.2010.
According to the Petitioner, permission was also granted to him to sub-let the property. The Petitioner, thereafter, sub-let the property to issued a notice on Indusind Bank (the Bank). However, 06.07.2012 alleging that there was some violation of the terms of the the Council lease deed. Thereafter, a resolution has been passed on 28.07.2012 for eviction of the Petitioner. Hence, the present writ petition.
We have heard counsel for the parties. The order of the Council can be tested under Section 323 as well as under Section 330 of the Chhattisgarh Municipalities Act, 1961, by the authorities mentioned therein. As the petitioner has an alternative remedy, it would be apprppriate that the Petitioner may avail the same.
In view of the same, the Petitioner may file a representation under either of these two Sections before any of the authorities mentioned therein within a period of one month. The reasoned order may be passed on the representation at an early date, if possible, within a period of three months from the date of filing of the representation under the aforesaid Sections.
The Petitioner along with the representation may also file all the relevant documents including certified copy of this order and duly stamped self addressed envelop.
The Bank has also filed an application for intervention in this case. It would also be open to the Applicant / Intervener to be co-applicant along with the Petitioner in the case.
While entertaining the writ petition, an interim order to the effect In that the status quo to be maintained was granted to the Petitioner. view ofthesame, in case representation is filed within a month, then the parties will maintain status quo till representation. final orders are passed on the
Operative part
With the aforesaid observations, the writ petition is disposed of. Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observations, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Chhattisgarh Municipalities Act, 1961 — s. 330.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.