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2025:CGHC:46709
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4844 of 2025 Manish Pujari S/o Late Shri Dr. Mahendra Prakash Pujari Aged About 54 Years R/o Pujari Bada, Jawahar Nagar, M.G. Road, Raipur, Tehsil And District Raipur, C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan, Naya Raipur, District Raipur, C.G. 2 - State Of Chhattisgarh Through Its Secretary, Department Of Urban And Administration And Development Mahanadi Bhawan, Naya Raipur, District Raipur, C.G. 3 - Municipal Corporation Raipur Through Its Commissioner, Raipur, District Raipur, C.G. 4 - Collector Raipur, District Raipur, C.G. 5 - Deputy Director Town And Country Planning, Regional Office Raipur, District Raipur, C.G. 6 - Ravindra Prakash Pujari S/o Late Shri B.L. Pujari Aged About 66 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 7 - Narendra Prakash Pujari S/o Late Shri B. L. Pujari Aged About 64 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.12 18:02:34 +0530
2 / 5 8 - Ashok Pujari S/o Late Shri B. L. Pujari Aged About 54 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 9 - Santosh Pujari S/o Late Shri B.L. Pujari Aged About 52 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 10 - Rajesh Pujari S/o Late Shri B.L. Pujari Aged About 47 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 11 - Ku. Durga Pujari D/o Late Shri B. L. Pujari Aged About 42 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 12 - Smt. Chandraprabha Gond W/o Shri D. K. Gond, D/o Late Shri B. L. Pujari Aged About 45 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 13 - Ku.
Laxmi Pujari D/o Late Shri B. L. Pujari Aged About 41 Years R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 14 - Smt. Uma Chahal D/o Late Shri B. L. Pujari Aged About 31 Years Through Power Of Attorney Holder Shri Rajesh Pujari, R/o Pujari Niwas, Near Manju Mamta Hotel, M.G. Road, Raipur, Tehsil And District Raipur, C.G. 15 - Amarganga Builders Properties Pvt. Ltd. Pachpedi Naka, Arvind Nagar Ward, Raipur, Tehsil And District- Raipur, C.G.
---- Respondents For Petitioner : Mr. Surfaraj Khan, Advocate For State : Ms. Poorva Tiwari, PL For Respondent No.3 : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
3 / 5 12/09/2025 Heard.
1. The petitioner has been filed this writ petition on the following relief(s) :
“10.1 That, this Hon'ble Court may kindly be pleased to issue suitable writ (s), order(s), direction(s) by commending/directing the Deputy Director, Town and Country Planning, Regional Office, Raipur (Respondent No.5) to decide the application (Annexure P-1) as per law, within a time frame, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondent authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the
facts and circumstances of the case, may also be granted.”
2. Learned counsel for the petitioner contended that by instant Petition is against inaction of respondent authorities, particularly the illegal action of Town and Country Planning, Raipur (respondent No.5), who is not deciding the application filed by late father of the petitioner namely Dr. Mahendra Prakash Pujari in respect of land bearing Khasra No. 271/3, Rakba 4.490 hectare, situated at Village- Tikrapara, Tehsil and District- Raipur with the subject matter for cancellation of development license
4 / 5 No.5957/P.L.131/T&C/2000/Raipur Date-06.07.2000, granted by the Office of Town and Country Planning Raipur without adhering to the rule of law and flouting the law by not deciding the application filed by the father of petitioner, till date. He also admitted the fact that during the pendency of this case, father of the petitioner Dr. Mahendra Prakash Pujari has died.
3. Learned State counsel contended that applicant - Dr. Mahendra Prakash Pujari who was filed by application, has died, but legal heirs of the deceased Dr. Mahendra Prakash Pujari has not been brought on record till now.
4. Heard learned counsel for the parties and perused the documents available on record.
5. Considering the facts and circumstances of the case, grievance raised by the petitioner. On perusal of Annexure P-1, I have found that name of the petitioner has not been mentioned in the cause title as applicant/objector. Further considering the submission made by counsel for the petitioner that the applicant- Dr. Mahendra Prakash Pujari has died during the pendency of Annexure P-1, but the legal heirs of the deceased has not been brought on record to pursue the case, therefore, in considered opinion of this Court, it is not a fit case to entertain this petition. Therefore, this petition is disposed of with
5 / 5 liberty to the petitioner to file appropriate petition when occasion arises.
6. With the aforesaid observation and direction, the instant petition stands
disposed of.
Sd/-
(Arvind Kumar Verma) Judge Vasant