Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3430 of 2024 1 - Rajman Sen S/o Late Mohan Sen, Aged About 86 Years R/o Sasta Bazar, Camp-02, Power House Bhilai, P.S. Chawni, Sabzi Market, Land No. 61, Ward No. 23, Bhilai, District Durg, Chhattisgarh.
Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Development, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - The Collector, Durg, District Durg, Chhattisgarh. 3 - The Commissioner, Municipal Corporation Bhilai, District Durg, Chhattisgarh.
Respondent(s) For Petitioner(s) : Mr. Sikhar Bakhtiyar, Advocate For State : Mr. Ritesh Giri, PL For Resp. No. 3 : Mr. R.K. Kesharwani, (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 28/02/2025
1. By the present writ petition, the petitioner is questioning the order dated 05/06/2024 (Annexure-P/1) which has been passed in pursuance of the RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.03 10:26:08 +0530
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order dated 12/04/2024 passed in WPS No. 2113/2024, and as such the Revenue Officer of the Municipal Corporation, Bhilai vide communication dated 05/06/2024 had directed the petitioner to vacate the shop in question and to apply for allotment of shop under the Vendor Policy, subject to availability.
2.
Learned counsel for the petitioner would submit that again on 20/02/2025, a notice has been issued for removal of the petitioner from the shop i.e. Plot No.5, Sasta Marker. He would further submit that the limited prayer of the petitioner is that in the event of submission of an application for grant of a alternative shop under the Vendor Policy by the petitioner, the Corporation may be directed to consider the same in accordance with law.
3.
Learned counsel for the Corporation would submit that from order dated 05/06/2024, it reflects that the petitioner has been granted a liberty to apply under the Vendor Policy, and as such the shop will be granted to him in accordance with the Vendor Policy, subject to availability.
4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition.
5. In view of the submission made by the counsel for the Corporation, the petitioner is directed to approach to the Corporation by submitting an application for allotment of the shop under the Vendor Policy. It is also
directed that in the event of filing of such application, the Corporation
3 shall consider the same and allot the shop to the petitioner, subject to the availability near the Sasta Market, in accordance with law.
6. With the aforesaid direction, the writ petition is disposed of. Sd/- Sd/- (BIBHU DATTA GURU)
JUDGE Rahul