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2025 DAILYLAW 38576 (CHH)

SANTOSH KUMAR SAHU v. STATE OF CHHATTISGARH

WPC/4606/2025 · 2025-08-27

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:43521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4606 of 2025 Santosh Kumar Sahu S/o Mansa Ram Sahu Aged About 46 Years R/o Ward No. 15, Nagri (N P), Distt. Dhamtari C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. 2 - Collector, Dhamtari, Distt. Dhamtari C.G. 3 - Chief Executive Officer, Jila Panchayat, Dhamtari, Distt. Dhamtari C.G. 4 - Chief Executive Officer, Janpad Panchayat, Nagari, Distt. Dhamtari C.G. ... Respondents For Petitioner : Ms. Astha Shukla, Advocate For State : Ms. Akanksha Verma Dabhadker and Mr. Saumitra Kesharwani, Panel Lawyers (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/08/2025 1. The petitioner has preferred this petition for allotment of Shop situated at Priyadarshani Complex, Janpad Panchayat, Nagri, District ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.28 18:21:23 +0530 2 / 3 – Dhamtari (C.G.) in terms of resolution dated 26.08.2019 and 24.09.2019. Thus, he would pray for a direction to respondents No. 2 & 4 to allot the shop. 2. Facts of the present case are that the Janpad Panchayat, Nagri had constructed 53 shops in the Priyadarshani Complex and the same were allotted to various persons in the year 2001. Shop No. 7 was allotted to Mr. Suresh Sarwa, but he rented the shop to the petitioner and the petitioner has been running a Jwellery shop since last 10 years. On 14.05.2019, the State Government directed respondent No. 4 to re-allot all the shops in accordance with the law and to take action against the shop owners and also against the persons who are in illegal possession. On 26.08.2019 and 21/24.09.2019, a resolution was passed to regularize and re-allot the shops to the persons who are in possession. On 21.10.2019 one more resolution was passed by the Janpad Panchayat with the same effect. For the said purpose an EMD of Rs. 1,00,000/- was demanded from the petitioner and the said amount was deposited by the petitioner with the respondent No. 4. 3. Learned counsel for the petitioner would submit that the petitioner has made representations for allotment of shops as per resolution dated 26.08.2019 and 21/24.09.2019 on 21.07.2025 to the Chief Executive Officer, Janpad Panchayat, Nagri, but till date, no decision has been taken. 4. On the other hand, learned counsel for the State would submit that 3 / 3 the petitioner has no right as the shop was never allotted to the petitioner. She would further submit that if a representation of the petitioner is pending, the same would be considered in accordance with law. 5. Heard counsel appearing for the parties. 6. Taking into consideration the limited grievance of the petitioner, this petition is disposed of with a direction to the Chief Executive Officer, Janpad Panchayat, Nagri, District – Dhamtari to look into the matter and take appropriate decision on the pending representations made by the petitioner in an objective manner taking into consideration the resolutions passed by the Janpad Panchayat, preferably within a period of three months from the date of receipt of a copy of this order. 7. It is made clear that this Court has not made any observations on the merits of the case. 8. With the aforesaid observation(s), this petition is disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu