Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 30000 (CHH)

MANAGING DIRECTOR CHHATTISGARH INFRASTRUCTURE DEVELOPMENT CORPORATION v. ASHWANI CHAUHAN

REVP/168/2025 · 2025-07-24

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:36175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 168 of 2025 Managing Director Chhattisgarh Infrastructure Development Corporation Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Second Floor, Old P.H.Q. Campus, Near Raj Bhawan, Raipur, District- Raipur, Chhattisgarh. --- Petitioner(s) versus 1 Ashwani Chauhan S/o Late Shyam Rao Chauhan Aged About 31 Years R/o Near Ahuja Traders, Main Road, New Sarkanda, Bilaspur, District-Bilaspur, Chhattisgarh. 2 State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh. --- Respondent(s) REVP No. 176 of 2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.26 12:38:16 +0530 2 Managing Director Chhattisgarh Infrastructure Development Corporation Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Second Floor, Old P.H.Q. Campus, Near Raj Bhawan, Raipur, District Raipur Chhattisgarh ---Petitioner(s) Versus 1 Amit Kumar Rathore S/o Late Shri Purshottam Lal Rathore, Aged About 24 Years R/o Near Shri Mohit Netralaya, Behind Keshav Furniture, I.B. Rest House Road, Nahar Par, Janjgir, District Janjgir Champa Chhattisgarh 2 State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh --- Respondent(s) REVP No. 170 of 2025 Managing Director Chhattisgarh Infrastructure Development Corporation, Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Second Floor, Old P.H.Q. Campus, Near Raj Bhawan, Raipur, District Raipur (C.G.), (Respondent No. 3) ---Petitioner(s) Versus 1 Priya Devi D/o Ramnarayan Bhurji Aged About 31 Years R/o Vivekanand Residency Colony, Chilhati Road, Mopka, Bilaspur, District Bilaspur (C.G.), (Petitioner) 3 2 State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.), (Respondent No. 1) 3 Collector Koriya, District Koriya (C.G.), (Respondent No. 2) --- Respondent(s) REVP No. 167 of 2025 Managing Director Chhattisgarh Infrastructure Development Corporation Chhattisgarh Infrastructure Development Corporation, Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Second Floor, Old Phq Campus, Near Raj Bhawan, Raipur, District Raipur Chhattisgarh. ---Petitioner(s) Versus 1 Ajit Kumar Tiwari S/o Late Shri Ramesh Kumar Tiwari Aged About 34 Years R/o Sonar Mohalla, Ward No. 7, Shivrinarayan, District Janjgir- Champa Chhattisgarh. 2 State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. --- Respondent(s) For Applicants(s) : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Malay Shrivastava and Ms. Kajal Chandra, Advocate For State : Mr. U.K.S. Chandel, Dy. A.G. For Respondent : Mr. Palash Tiwari and Mr. Anirudha Shrivastava, Advocate 4 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 25/07/2025 1. Since the common facts and grounds involved in all the review petitions, they are being considered and decided by this common order. 2. In REVP No. 168 of 2025, the review petitioner seeks review/ recall the order dated 16.04.2025 passed in WPS No. 2555 of 2025; in REVP No. 167 of 2025 seeks review of order dated 08.05.2025 passed in WPS No. 3302 of 2025; in REVP No. 170 of 2025 review of order dated 29.04.2025 passed in WPS NO. 2890 of 2025; and in REVP NO. 176 of 2025 review of order dated 06.05.2025 passed in WPS No. 3162 of 2025. 3. (a) Learned senior counsel appearing for the review petitioner/ CIDC submits that the writ petitioners in their respective writ petitions have suppressed the material facts. He would submit that the respective bread winner of the writ petitioners died 5-6 years back and in some of the cases the applications moved by the writ petitioners for grant of compassionate appointment have been rejected by the competent authorities on the ground of lack of requisite qualifications and the same has duly been communicated. He would submit that even in the case of the writ petitioner Ajay Kumar Tiwari earlier he preferred a writ petition before this court bearing WPS No. 1283 of 2017 (Ashwini Rao 5 Chouhan Vs. The State of C.G. and Ors.), the same was disposed off by order dated 16.03.2017 granting liberty in favour of the said petitioner to prefer a representation and the respondents therein were directed to consider and decide the case of the petitioner. Thereafter, the said petitioner submitted a representation which was duly considered and rejected by order dated 29.05.2017. However, the petitioner kept silent for a period of 7 years and preferred the writ petition, which is under review, that too by suppressing the material facts with regard to rejection of his claim on an earlier occasion. (b) According to the learned counsel though the review petitioner represented before this court while hearing the writ petition, but on account of lack of instructions he could not place the relevant facts before this court and accordingly the writ petitions, which are under review, were disposed off by this court at motion stage. 4. On the other hand, learned counsel appearing for the writ petitioner/respondent herein would submit that they have not suppressed any material fact. He would submit that the alleged rejection of earlier representation has never been communicated to the writ petitioner. 5. I have heard learned counsel for the parties and perused the pleadings and documents. 6 6. From bare perusal, it is manifest that though while hearing the writ petitions under review the CIDC was properly represented on advance copy, however, due to lack of proper instructions he could not place anything. However, the writ petitions were disposed off directing the Chief Secretary to the State Government to look into the grievance and claim of the writ petitioner afresh. 7. Be that as it may, now the review petitioner bringing several facts and orders/ circular issued by the authorities with regard to the policy framed regarding grant of compassionate appointment preferred the present review petition, which was not brought before this court at the time of hearing of writ petitions, hence, all the review petitions are allowed. 8. Consequently, the orders passed in WPS No. 2555 of 2025, 3302 of 2025, 2890 of 2025 and 3162 of 2025 dated 16.04.2025, 08.05.2025, 29.04.2025 and 06.05.2025, respectively are hereby recalled and the said writ petitions are restored to their original numbers. Sd/- (Bibhu Datta Guru) JUDGE Gowri/Jyoti