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Chattisgarh High Court

Goverdhan Sharma vs State Of Chhattisgarh 17 Wpc/643/2016 ... on 20 March, 2019

Bench: Ajay Kumar Tripathi, Parth Prateem Sahu

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                                                                            NAFR
          HIGH COURT OF CHHATTISGARH, BILASPUR
                      Writ Petition (C) No. 1004 of 2015

 Goverdhan Sharma S/o Late Shri L.D. Sharma Aged About 47 Years The
  Corporator of The Municipal Corporation Raipur, Elected Chairman of Education
  Department of Municipal Corporation Raipur, R/o Near New Sai Mandir, Sai
  Chouk Lakhenagar Raipur, P.S. Lakhenagar, Tahsil and District-Raipur
  (Chhattisgarh)

                                                                     ---- Petitioner

                                    Versus

1. The State of Chhattisgarh, through The Secretary, Urban Administration and
   Development Department, Mahanadi Bhawan, Mantralaya Naya Raipur, P.S.
   Rakhi, Tahsil and District Raipur (C.G.)

2. The Municipal Corporation, Raipur, Through The Commissioner, Municipal
   Corporation, Raipur, Police Station Goal Bazar, Tahsil and District Raipur (C.G.)

3. The Union of India, Through The Secretary, Ministry of Urban Development,
   Nirman Bhawan, New Delhi.

4. Department of School Education, Through The Secretary, Mahanadi Bhawan,
   Mantralaya, Naya Raipur, Mandir Hasod, District-Raipur (C.G.)

                                                                 ---- Respondents

with Writ Petition (C) No. 643 of 2016

1. The Municipal Corporation Raipur S/o Through The Mayor In Council, Represented By The Goverdhan Sharma, S/o Late Shri L.D. Sharma, Aged About 48 Years, The Corporator of The Municipal Corporation Raipur, Elected Chairman of Education Department of Municipal Corporation Raipur, R/o Near New Sai Mandir, Sai Chouk Lakhenagar Raipur, P.S. Lakhenagar, Tahsil and District Raipur (Chhattisgarh)

---- Petitioner Versus

1. The State of Chhattisgarh, through The Secretary, Urban Administration and Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, Tahsil and District Raipur (C.G.)

2. The Municipal Corporation, Raipur Through The Commissioner, Municipal Corporation, Raipur, Police Station Goal Bazar, Tahsil and District Raipur (C.G.)

3. The Union of India, Through The Secretary, Ministry of Urban Development, Nirman Bhawan, New Delhi.

4. Department of School Education, Through The Secretary, Mahanadi Bhawan, 2 Mantralaya, Naya Raipur, Mandir Hasod, District Raipur (C.G.)

---- Respondents with Writ Petition (PIL) No. 68 of 2017  Goverdhan Sharma S/o Late Shri L.D. Sharma, Aged About 49 Years The Corporator of The Municipal Corporation Raipur, Elected Chairman of Education Department of Municipal Corporation Raipur, R/o Near New Sai Mandir, Sai Chowk Lakhenagar Raipur, P.S. Lakhenagar Raipur, Tahsil and District Raipur (Chhattisgarh)

---- Petitioner Versus

1. State of Chhattisgarh, through The Secretary, Urban Administration and Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, Tahsil and District Raipur (C.G.)

2. The Municipal Corporation, Raipur, Through The Commissioner, Municipal Corporation, Raipur, Police Station Goal Bazar, Tahsil and District Raipur(C.G.)

3. The Union of India, Through The Secretary, Ministry of Urban Development, Nirman Bhawan, New Delhi, Department of School Education, Through The Secretary, Mahanadi Bhawan, Mantralaya, Naya Raipur, Mandir Hasaud, District Raipur (C.G.)

---- Respondents For Petitioner : Shri Harshwardhan Parganiha, Advocate. For Respondent No.1/State : Shri Siddharth Dubey, Deputy Government Advocate.

For Respondent No.2 : Shri Mateen Siddiqui, Advocate. For Respondent No.3 : Shri Krishna Gopal Yadaw, Advocate on behalf Shri B. Gopa Kumar, Assistant Solicitor General. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 20.03.2019

1. The Annexure i.e. P/1 dated 10.03.2015 was under judicial scrutiny of the Division Bench in other batch matters where the lead case being WPS No. 1305 of 2015.

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2. Heard counsel for the parties.

3. The order dated 04.02.2019 passed in WPS No. 1305 of 2015 also applies to the present case. The notification dated 10.03.2015 contained in Annexure P/1 stands quashed for the rationale and reason given by the Court in the said circumstances.

4. Writ application is allowed.

5. It is further clarified that any consequential order which may have been issued by Respondents in furtherance to the notification dated 10.03.2015 by any authority will be deemed to have been quashed. 

                           Sd/-                                                Sd/-

                  (Ajay Kumar Tripathi)                              (Parth Prateem Sahu)
                      Chief Justice                                         Judge
Brijmohan