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2025 DAILYLAW 6411 (CHH)

S. CUBE VENTURES, A PARTNERSHIP FIRM v. STATE OF CHHATTISGARH

WPC/368/2019 · 2025-07-16

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:33687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 368 of 2019 * - S. Cube Ventures, A Partnership Firm Through Its Partner Namely Shashank Avasthi, S/o Pramod Avasthi, Aged About 28 Years, R/o J S Anupam Nagar, Near T V Tower, Raipur, District : Raipur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District : Raipur, Chhattisgarh 2 - Naya Raipur Development Authority / Atal Nagar Vikas Pradhikaran Through Its Chief Executive Officer, Naya Raipur Development Authority , Paryawas Bhawan, North Block, Sector 19, Atal Nagar, District : Raipur, Chhattisgarh 3 - The General Manager (Administration) Naya Raipur Development Authority - Atal Nagar Vikas Pradhikaran, Paryawas Bhawan, North Block , Sector 19, Atal Nagar, District : Raipur, Chhattisgarh 4 - The Manager (Land) Naya Raipur Development Authority / Atal Nagar Vikas Pradhikaran, Paryawas Bhawan, North Block, Sector 19, Atal Nagar Raipur, District : Raipur, Chhattisgarh 5 - The Building Officer Naya Raipur Development Authority /Atal Nagar Vikas Pradhikaran, Paryawas Bhawan, North Block , Sector 19, Atal Nagar, District : Raipur, Chhattisgarh 6 - Commissioner- Cum- Director Nagar Tatha Gram Nivesh , Indrawati Bhawan, New Raipur, Block No.4, Third Floor, New Raipur, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Manoj Paranjpe, Advocate For Respondent No. 1 & 6 For Respondents No. 2 to 5 : : Ms. Shailja Shukla, Deputy Government Advocate Mr. Anumeh Shrivastava, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.21 18:58:47 +0530 2 Order on Board 17/07/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to writ/writs, order/orders, direction/directions quashing the impugned order/notice dated 18.01.2019, passed by Building Officer Atal Nagar Vikas Pradhikaran, Raipur. 10.2 That, this Hon’ble Court may kindly be pleased to writ/writs, order/orders, direction/directions quashing the order dated 28.11.2017 issued by Commissioner-cum-Director, Nagar Tatha Gram Nivesh Raipur. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 2. Mr. Manoj Paranjpe, learned counsel appearing for the petitioner would submit that notice under the provisions of Section 37 (2) of CG Nagar Tatha Gram Nivesh Adhiniyam 1973 was issued to the petitioner. He would submit that the petitioner was required to apply to the Director for permission for retention of the land or any building or works or continuance of use of the land to which notice relates to has been issued under Form -16 according to Nagar Tatha Gram Nivesh Rules 1975. He would submit that the petitioner submitted Form – 16 afterwards, but till date it has not been considered and decided. 3. On the other hand, learned counsel appearing for the respective respondents would oppose. 4. Mr. Anumeh Shrivastava, learned counsel appearing for respondents No. 2 to 5 would submit that the Form – 16 submitted by the petitioner is pending consideration before the Commissioner-cum- Director/respondent No. 6. He submit that the petitioner may approach the said authority for redressal of its grievance. 3 5. I have heard learned counsel for the parties and perused the documents. 6. Taking into consideration the limited prayer made by Mr. Manoj Paranjpe, this petition, at this juncture, is disposed of with a direction to respondent No. 6 to decide the pending Form – 16 expeditiously preferably within a period of 30 days from the date of receipt of copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. For period of 30 days interim order granted on 05.02.2019 shall remain operative. Sd/- (Rakesh Mohan Pandey) Judge vatti