Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 9936 (CHH)

SITARAM MATOLIA v. STATE OF CHHATTISGARH

WPC/1027/2025 · 2025-08-10

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:40194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1027 of 2025 1 - Sitaram Matolia S/o Late Shri Durga Prasad Matolia Aged About 74 Years Proprietor Rajasthan Jalebiwala, Old Bus Stand Road, Bilaspur, R/o. Sarju Bagicha, Bilaspur, Tehsil And District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Municipal Corporation Bilaspur Through Its Commissioner, Municipal Corporation Bilaspur, District- Bilaspur (C.G.) 3 - Commissioner Municipal Corporation Bilaspur, District Bilaspur Chhattisgarh 4 - Collector Bilaspur, District Bilaspur (C.G.) 5 - Tehsildar Bilaspur, District- Bilaspur (C.G.) 6 - Bilaspur Smart City Company Limited Through Its Managing Director, Vikas Bhawan, Nehru Chowk, Bilaspur, District- Bilaspur (C.G.) 7 - General Manager (Land And Revenue) Bilaspur Smart City Company Limited, Vikas Bhawan, Nehru Chowk, Bilaspur, District- Bilaspur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Shri Manoj Paranjpe, Sr. Advocate along with Mr. Amit Soni, Advocate For State : Shri Praveen Das, Dy. A.G. For Respondent-Municipal : Shri Venketesh Pandey, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 2 11/08/2025 1. The present petition is filed by the petitioners with following relief(s): “10.1. That this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the impugned order dated 14.02.2025 bearing No. 239/Municipal Corporation/ck. fo. /2025 issued by the Commissioner, Municipal Corporation Bilaspur may kindly be set-aside and the lease of the petitioner may kindly be restored and the Hon’ble Court may further be pleased to pass any order which the Hon’ble Court deems fit and proper looking to the facts and circumstances of the case. 2. 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. Learned counsel for the petitioner produced an order of the Additional Commissioner of Municipal Corporation Bilaspur Chhattisgarh dated 07.08.2025, whereby, it reflects that shop No. 2 (ground flour) has been allotted to the petitioner, for which the petitioner shall vacate the shop No. 1 and deposit the amount within one week from the date of proposal i.e. 07.08.2025 and handover the possession of shop No. 1 to the Municipal Corporation and thereafter lease agreement would be executed within 30 days. The relevant part of which is reproduced here-in-under:- vr% iwoZ esa vkcafVr fd;s x;s nqdku dks 01 lIrkg ds Hkhrj fjDr dj uxj fuxe lkSais rFkk mijksDrkuqlkj jkf’k fuxe dks”k esa tek djkdj mDr vkcafVr nqdku dk fdjk;kukek vuqca/k dk fu”iknu 30 fnol ds Hkhrj djkuk lqfuf’pr djsa A ¼mijksDr nqdku dk vkcaVu eku- mPp U;k;ky; fcykliqj N0x0 ds izdj.k dzekad WPC No. 1517 of 2021 ,oa WPC No. 1027 of 2025 ds fu.kZ; ds v/;k/khu jgsxk½ 3 3. Learned counsel for the petitioner prays that some stipulated time may be framed for comply of the order of the Municipal Corporation. 4. Learned counsel for the respondent-Municipal Corporation does not oppose the prayer made by the learned counsel for the petitioner. 5. In view of above, it is directed that the petitioner shall deposit the entire amount as per proposal letter dated 07.08.2025 within a period of 3 days from today, thereafter the Additional Commissioner, Bilaspur shall handover the possession of Shop No. 2 on 14.08.2025 to the petitioner as mentioned in the order dated 07.08.2025 and on the same day i.e. 14.08.2025, the petitioner shall vacate the shop No. 1 (old shop). Thereafter, lease agreement shall be executed on or before 17.08.2025. 6. With the aforesaid direction, the present writ petition stands disposed of. 7. If the respondent-Municipal Corporation fails to comply the order of this Court, the petitioner would be at liberty to revive the same. In the event, if any new cause of action arises, the petitioner would also be at liberty to approach the Court. SD/- (Arvind Kumar Verma) Judge Jyoti Digitally signed by JYOTI JHA Date: 2025.08.11 19:45:06 +0530