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2025 DAILYLAW 12290 (CHH)

PRAKASH TIWARI v. STATE OF CHHATTISGARH

WPS/1768/2025 · 2025-03-19

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:12964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1768 of 2025 1 - Prakash Tiwari S/o Shri Ashok Tiwari Aged About 37 Years R/o Q. No. Lig- 265, Dindayal Colony, Mangla, P.S. City Kotwali, District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Local Administration And Development Department, Mahanadi Bhawan, New Raipur, Distt. Raipur (C.G.) 2 - Nagar Panchayat Sakri Through Chief Municipal Officer Sakri, District Bilaspur (C.G.) 3 - Joint Director, Local Administration And Development Department, Mahanadi Bhawan, New Raipur, Distt. Raipur (C.G.) 4 - Vijay Kumar Bhawani S/o Shri Shyam Bihari, Aged About 38 Years R/o Village Nagoi (Baima) Sarkanda District Bilaspur (C.G.) 5 - The Commissioner, Municipal Corporation, Bilaspur, District Bilaspur (C.G.) ... Respondents (Cause title is taken from Case Information System) 2 / 3 For Petitioner : Mr. Awadh Tripathi, Advocate For Respondents/ State : Mr. Rishabh Bisen, Panel Lawyer For Respondent No.5 : Mr. Pankaj Agrawal, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 19/03/2025 1. By the present writ petition, the petitioner is questioning the order dated 17/02/2025 (Annexure P/1) passed by the respondent No.5/ Commissioner, Municipal Corporation, Bilaspur whereby the Commissioner by reexamining the recruitment of the present petitioner who was appointed on 03/10/2013 pursuance to the order dated 28/04/2023 passed by this Court in WPS No.2067/2014, has terminated the services of the petitioner. 2. Learned counsel appearing for the petitioner would submit that when WPS No.2067/2014 was decided, the Nagar Panchayat, Sakri was merged with the Municipal Corporation, Bilaspur but the Municipal Corporation Bilaspur was not impleaded as a party/ respondent in the said writ petition however, the order has been passed by this Court and pursuance to the said order, the Corporation has reexamined the recruitment done by the Nagar Panchayat in the year 2013. 3. Learned counsel appearing for the respondent/Corporation would submit that the order dated 28/04/2023 passed by this Court, has not been challenged further by the petitioner and same has attained finality, therefore, the present writ petition is not maintainable at this juncture. 3 / 3 4. I have heard learned counsel for the parties, perused the documents as well as the pleadings made by the parties. 5. Perusal of the pleadings would show that the order dated 17/02/2025 has been passed by the Corporation pursuance to the order and the direction given by this Court vide order dated 28/04/2023 passed in WPS No.2067/2014. Once the order has been passed in a writ petition, the same cannot be reexamined by the present writ petition. If the petitioner is aggrieved by the order passed by this Court in WPS No.2067/2014, he ought to have file a review petition or approach the higher forum by filing an appropriate appeal whereas in the case at hand, the petitioner has not taken any steps and sit silently till the order impugned passed by the authorities and hence at this stage, no relief can be granted to the petitioner. 6. In view of the above, the writ petition is disposed of with a liberty to the petitioner to file a review petition for seeking review of the order dated 28/04/2023 passed by this Court in WPS No.2067/2014, if so advised. 7. With the aforesaid observation, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar