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2025 DAILYLAW 4866 (CHH)

BHARTIYA LAGHU UDYOG PRADARSHINI, BIHAR SHARIF v. STATE OF CHHATTISGARH

WPC/382/2025 · 2025-01-17

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:3079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 382 of 2025 1. Bhartiya Laghu Udyog Pradarshini, Bihar Sharif District Nalanda, Bihar Through Proprietor Dhananjay Kumar S/o Late Shri Kavindra Prasad, Aged About 41 Years, R/o Jeevan Jyoti Hospital, Bhaisasur Bihar Sharif Patel Nagar, Nalanda Bihar Present R/o Satipara, Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Urban Administration Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2. Collector Raipur, District Raipur Chhattisgarh 3. Additional Collector Raipur, District Raipur Chhattisgarh 4. Commissioner Municipal Corporation, Raipur, District Raipur Chhattisgarh 5. Fun Mela And Craft Bazar Through Proprietor Devi Prasad Goswami, Opposite Rajbhawan, Gate No. 1, Civil Lines, Raipur, District Raipur Chhattisgarh ... Respondent(s) Cause title is taken from the Case Information System For Petitioner : Shri Anurag Singh, Advocate For Respondent/State : Shri Satish Gupta, Govt. Advocate For Respondent/Corporation : Shri H.B. Agrawal, Sr. Adv. with Shri Rakshit Tiwari, Advocate 2 Order on Board By Bibhu Datta Guru, J. 17/1/2025 1. By the present petition, the petitioner is seeking quashment of order dated 15-1-2025 by which the respondent No.3 has directed the petitioner to remove the set up which has been installed by the petitioner for Utsav Mela in the Grass Memorial Ground, Raipur. 2. Learned counsel appearing for the petitioner would submit that the Administration granted permission from 18-12-2024 to 14-1-2025 to run Utsav Mela, but as the ground was not vacated by the earlier occupant the petitioner installed the Utsav Mela on 23-12-2024. Thereafter, he has requested the respondent No.3 vide letter dated 1-1-2025 to extend the permission up to 30-1-2025, however, the same has not been considered and decided till date. Since the period has already been expired on 14-1-2025, he is not running the Utsav Mela which has been installed in the premises of Grass Memorial Ground, Raipur. Now, the petitioner is seeking a limited direction towards the respondent No.3 to decide its pending application dated 1-1-2025 (Annexure – P/5) and he may be granted breathing time of one week to remove the Utsav Mela from the Grass Memorial Ground, Raipur. 3. Learned counsel appearing for the State, per contra, would submit that the permission was granted in favour of the petitioner up to 14-1-2025 and thereafter, no extension was granted, therefore, he could not operate the Utsav Mela. 3 4. I have heard learned counsel appearing for the parties and perused the documents. 5. Since the limited prayer made by the petitioner that only breathing time is required to remove the Ustav Mela installed in the premises of Grass Memorial Ground, Raipur, the respondent No.3 is directed to permit the petitioner to remove the Utsav Mela from the aforesaid premises till 25 th January, 2025 , subject to the condition that the petitioner shall not run the Utsav Mela in the premises allotted to him, as the permission granted in its favour has already been expired on 14-1-2025. At the same time, the respondent No.3 is directed to consider and decide the application dated 1-1-2025 (Annexure-P/5) moved by the petitioner for extension of time, in accordance with law and on its own merits. 6. Accordingly, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.17 17:21:19 +0530