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2025 DAILYLAW 48173 (CHH)

SUSHIL KUMAR SHUKLA v. STATE OF CHHATTISGARH

WPC/4769/2025 · 2025-12-10

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:60202-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4769 of 2025 Sushil Kumar Shukla S/o Late Shri Anand Shukla Aged About 52 Years R/o Panchvati Nagar, Mova, Post Pandri Raipur District - Raipur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of General Administration Mahanadi Bhawan, Atal Nagar, Nava Raipur District- Raipur, Chhattisgarh 2 - Secretary To The Governor State Of Chhattisgarh Governors House Civil Lines, Raipur District- Raipur Chhattisgarh 3 - Chief Minister Of Chhattisgarh Cm Office, Civil Lines Raipur District - Raipur Chhattisgarh 4 - Chief Secretary State Of Chhattisgarh, Mahanadi Bhawan Atal Nagar, Nava Raipur District- Raipur, Chhattisgarh 5 - Shri Rajesh Agrawal Minister, Department Of Paryatan, Sanskriti, Dharmic Nyas Evam Dharmaswa, Mahanadi Bhawan, Atal Nagar, Nava Raipur District- Raipur, Chhattisgarh ... Respondent(s) (Cause title is taken from CIS) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.11 18:48:52 +0530 2 For Petitioner : Mr. Amrito Das, Advocate For Respondents/ State : Mr. Vivek Sharma, Advocate General Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 11/12/2025 1. The present petition has been filed by the petitioner praying for the following relief:- “10.1 This Hon’ble Court may kindly be pleased to call for the entire record concerning the appointment of respondent No.5 as the 14th Minister in the Council of Ministers for the State of Chhattisgarh for its kind perusal and consideration. 10.2 This Hon'ble Court may kindly be pleased to issue a writ of quo warranto against respondent No. 5 for holding the office of Minister in the Council of Ministers for the State of Chhattisgarh; and 10.3 This Hon'ble Court may kindly be pleased to order the ouster of respondent No. 5 from the office as Minister and restrain him from exercising any function(s) or duty/duties relating to such office. 10.4 This Hon'ble Court may kindly be pleased to issue a writ quashing and setting aside the notifications dated 20.08.2025 (ANNEXURE P-4). 10.5 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.” 2. At the very outset, learned Advocate General has pointed out that the issue involved in the present matter is already pending before this Court in WPPIL No. 75/2025. On the last date of hearing i.e. 3 02/09/2025, the matter was adjourned on the ground that the issue involved in the said PIL is already subjudice before the Apex Court and the Apex Court has issued notices to the respondents on 22.07.2020 and the matter is pending consideration. 3. In view of the above, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to take recourse to law by moving appropriate application in the said WPPIL No. 75/2025, if so advised. 4. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty, as prayed for. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar