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2025 DAILYLAW 42490 (CHH)

ASHOK KUMAR MITTAL v. STATE OF CHHATTISGARH

WPC/4858/2025 · 2025-09-11

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:46717-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4858 of 2025 Ashok Kumar Mittal S/o P.L. Mittal Aged About 59 Years R/o Main Road Korba, Tehsil - Korba, District Korba Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2. Municipal Corporation Durg Through Its Commissioner, District Durg Chhattisgarh ...Respondent(s) For Petitioner : Mr. Vikram Sharma, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. For Respondent No. 2 : Mr. Dhiraj Kumar Wankhede, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 12.09.2025 1. Heard Mr. Vikram Sharma, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.12 17:57:43 +0530 2 appearing for the State and Mr. Dhiraj Kumar Wankhede, learned counsel, appearing for respondent No. 2. 2. The present petition has been filed by the petitioner with the following prayers: “10.1 That the Hon’ble Court may be please to issue the writ of appropriate nature directing the respondent corporation invoke the arbitration clause as per Clause 1.18 of the agreement, in accordance with law. 10.2 That, the Hon’ble Court may be pleased to direct the respondent corporation not to go ahead with the blacklisting proceeding as the appeal is still pending in consideration before the appellate authority. 10.3 Cost of the petition may also be granted to the petitioner. 10.4 Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner seeks permission of this Court to withdraw the present petition, as the reliefs prayed for in the petition are not proper and have been wrongly drafted. On account of such defective and vague prayers, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to file a fresh petition with proper prayers. 4. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty to file afresh petition, if so advised. However, considering that the 3 petition was filed in a casual manner with defective prayers, thereby wasting the valuable time of this Court, the liberty shall be subject to the petitioner depositing a cost of Rs. 10,000/- before the Registry of this Court. The receipt of the said deposit shall be produced at the time of filing of the fresh petition, if any. The amount so deposited shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan