1 2025:CGHC:17801-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1941 of 2025 Nirmal Kumar Jain S/o V. S. Jain Aged About 58 Years Power Attorney Holder Of Smt. Maya Jain - Proprietor Of Jain Advertisers, T.P. Nagar, Korba, R/o T.P. Nagar, Korba, District- Korba, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Town Administration And Development Department, Matralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh 2 - Commissioner- Municipal Corporation- Korba Saket Bhawan, District- Korba, Chhattisgarh 3 - Hoarding Superintendent/ In Charge Municipal Corporation- Korba, Saket Bhawan, District- Korba, Chhattisgarh ... Respondents For Petitioner : Mr.Ashutosh Shukla, Advocate For Respondent No.1/State For Respondents No.2 and 3 : : Mr.S.S.Baghel, Deputy Government Advocate Mr.Vikram Sharma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.04.24 10:37:19 +0530 2 21.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr.Ashutosh Shukla, learned counsel for the petitioner as well as Mr.S.S.Baghel, learned Deputy Government Advocate appearing for respondent No.1 and Mr.Vikram Sharma, learned counsel appearing for respondents No.2 and 3. 3. The present writ petition has been filed by the petitioner with the following prayers: “10.1 This Hon'ble Court may kindly be pleased to directed the respondents no. 2 and 3 to call relevant records, pertaining to the instant matter. 10.2 This Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction to 'set aside' the "Mayor in Council" OfÏcial Order/Proposal no. 7 passed dated 27/03/2025 Cancellation of Agency taken against the petitioner's wife "JAIN ADVERTISERS". 10.3 This Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction to 'set aside' the order dated 28/03/2025 (Annexure P/1) passed by Commissioner Municipal Corporation Korba (C.G). 10.4 This Hon'ble Court may kindly be pleased to pass any other relief, which is just proper in the interest of petitioner.” 3 4. Facts of the case are that the respondent No. 2 has invited tender for installing Hoarding for the purpose of Advertisement in the 4 municipal limits/area of District Korba. The petitioner's Wife i.e. Smt. Maya Jain, who is proprietor of Jain Advertisers, T.P. Nagar, Korba, has participated in the Tender Proceedings and was successful bidder. Smt. Maya Jain has executed an power of Attorney dated 17/02/2013 in favor of the petitioner appointing petitioner to be 'Attorney Holder for filing and contesting instant petition and other legal proceedings. The petitioner's wife has entered into terms of contract/agreement with the respondent No. 2, for the purposes of advertisement shown in Display/Hoarding in zones of Nagar Palika Nigam area Korba, for a period of 15/09/2023 to 14/09/2028. As the petitioner's wife has experienced that the various illegal agencies and individuals at different time intervals are displaying advertisements and notices by fixing bamboos and likewise similar displays which are illegal and same are fixed compromising safety measures on public at large are sere contravention of rules, guidelines and conditions issued by respondents No. 1 and 2, therefore, has preferred a writ petition being WPC No.4690/2024 (Nirmal Kumar Jain v. State of Chhattisgarh and others) agitating illegal advertisement showed in Display/Hoarding in zones of Nagar Palika Nigam area Korba, in violation of 'Up-Vidhiya Vigyapan (Panjayan avem Viniyaman) Up Vidhiya, 2012' and Guidelines issued time to time and Conditions enumerated in Tender', therein. In the said writ petition, the Court has issued notices to the respondents vide dated 20/09/2024, and time has been granted to respondent therein to filed reply in the matter. In the meantime Counsil of Nagar Palik Nigam, Korba, has called Meeting on 27/03/2025. Very Surprisingly the members 4 (52) have included. 'Additional Agenda' in the meeting dated 27/03/2025 as Proposal No. 7, under the Section 29 (4) of 'छ. ग. नगर पालिHका लिनगम अलिLलिनयम-1956', and Rules of Chhattisgarh Nagar Palika (कामकाज का संचHन dh izfd;k) लिनयम, 2016. All the 52 elected councillors have signed and presented the same to Head and finally approved the proposal No. 7, against the petitioner's wife tender and due to filling of WPC No. 4690 of 2024, the impugned order dated 28/03/2015 (Annexure P/1) has been passed by respondent No. 2 as a counterblast, whereby a proposal No. 7 has been passed/approved by 52 elected councilors of Nagar Palik Nigam, Korba, held in the Council Meeting dated 27/03/2025, whereby decision for cancelling the tender for installing Holdings has been taken. In furtherance of proposal No. 7 dated 27/03/2025, the Commissioner has issued an order dated 28/03/2025 constituting team for cancelling the petitioner's tender and to file compliance report. Hence, the instant writ petition. 5. Learned counsel appearing for respondents No.2 and 3 submits that the instant writ petition is a premature one and the impugned order dated 28.03.2025 (Annexure P-1) goes to show that the petitioner's NIT had not yet been cancelled / terminated as the matter is still sub-judice before the Commissioner, Korba, to which learned counsel for the petitioner submits that in the garb of the impugned order the petitioner is being compelled to remove the holdings etc. 6. Since the matter is still sub-judice before the Commissioner, we hope and trust that the Commissioner shall decide the matter expeditiously within a period of two weeks from today. Till disposal of the matter, no coercive action shall be taken against the petitioner. 5 7. With the aforesaid observation / direction, the writ petition finally stands disposed of. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu