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2025 DAILYLAW 16936 (CHH)

BHAYPAL SINGH KANWAR v. STATE OF CHHATTISGARH

WPS/2483/2025 · 2025-04-15

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:17137-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2483 of 2025  Bhaypal Singh Kanwar S/o Shri Keshav Singh Kanwar Aged About 38 Years Working As Tracer And Posted At Municipal Corporation Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2. Director Directorate Of Urban Administration And Development Department, Atal Nagar, Raipur District Raipur Chhattisgarh. 3. Commissioner Municipal Corporation Raipur District Raipur Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Ajay Shrivastava, Advocate For Respondents-State : Mr. Prafull N. Bharat, A.G. along with Mr. Shashank Thakur, Dy. A.G. For Respondent No. 3 : Mr. Vivek Sharma, Advocate --------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board 15.04.2025 Proceedings of this matter have been taken through video conferencing. Heard Mr. Ajay Shrivastava, learned counsel for the petitioner and Mr. Prafull N. Bharat, A.G. along with Mr. Shashank Thakur, Dy. A.G., for the State- respondents and Mr. Vivek Sharma, learned counsel for respondent No. 3 and 2 perused the record. 2. This writ petition has been filed by the petitioner with the following prayers:- “10.1 That, this Hon’ble Court may kindly be pleased to issue direction for modification of the Rules 2018 by inserting the promotional avenue in Schedule-IV as was earlier in Rules 2007 or otherwise providing channel of promotion for tracer working in the Municipal Corporation and also by inserting the remaining post of Tracer in schedule -I in the interest of justice. 10.2 Any other relief which may be suitable in the facts and circumstances of the case may also be granted in the interest of justice” 3. At the outset, learned Advocate General has drawn the attention towards the prayer made in the present petition. 4. The pointed query being made by the learned counsel for the petitioner with respect to prayer, he tried to justify that the matter has been sent by the Registry under the category that some ultra virus of the provision has been challenged, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 5. On perusal of the prayer, it shows that the prayer which has been sought by the petitioner is not properly drafted and is defective one. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Jyoti Digitally signed by JYOTI JHA Date: 2025.04.22 10:53:32 +0530