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2025 DAILYLAW 5175 (CHH)

DEV SINGH SETHIYA v. STATE OF CHHATTISGARH

WPC/473/2025 · 2025-01-23

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:4184-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 473 of 2025 Dev Singh Sethiya S/o Sudhuram Aged About 51 Years R/o Ward No. 5, Danteshwari Ward, Dantewada, N.P. South Bastar, Distt.- Dantewada, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (Chhattisgarh) 2 - Secretary Department of Urban Administration And Development Mantralaya, Raipur, Chhattisgarh 3 - Collector and Authorized Officer District- South Bastar- Dantewada (Chhattisgarh) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Rajni Soren, Advocate For Respondents : Mr. Praveen Das, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 23.01.2025 1. Heard Ms. Rajni Soren, learned counsel for the petitioner as well as Mr. Praveen Das, learned Additional Advocate General, appearing for the State/respondents. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.23 16:49:55 +0530 2 2. The present petition has been filed by the petitioner with the following prayers:- “(i) Declare the Chhattisgarh Municipalities (Amendment) Ordinance, 2024 ultra vires of the Constitution of India; (ii) Declare Clause 6 of the Chhattisgarh Municipalities (Amendment) Ordinance, 2024 ultra vires of the Constitution of India; (iii) Declare sub section 2 of Section 29 A of the Chhattisgarh Municipalities Act, 1961 as amended by Clause 6 of the Chhattisgarh Municipalities (Amendment) Ordinance, 2024 ultra vires of the Constitution of India; (iv) Set aside Notification No.F 1 – 153/2024/18 dated 24.12.2024 issued by the State Government notifying the list of Reserved Wards of Municipal Council Dantewada, District Dakshin Bastar, Dantewada; (v) Issue a writ of mandamus directing the respondents to notify reservation of wards in Municipal Council Dantewada as per unamended S.29A of the Chhattisgarh Municipalities Act, 1961; (vi) Pass any other order the Hon’ble Court may deem fit in the interest of justice.” 3. Mr. Praveen Das, learned Additional Advocate General submits that the grievance of the petitioner is that the Municipalities (Amendment) Ordinance, 2024 in Municipal Council Act, 1966 as 3 well as Municipalities Act, 1965 has not been enacted. However, he submits that both the Ordinances have been placed before the Assembly and they have already made a law by virtue of Municipalities (Amendment) Ordinance, 2024 with respect to Municipal Council as well as Municipalities, as such, the writ petition has rendered infructuous. 4. In view of the submission made by the learned counsel for the State/respondents, we are of the view that nothing survives in the present petition, which is liable to be and is hereby dismissed. However, the petitioner is at liberty to approach the Court again, if occasion arises. Sd/- Sd/-- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu