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Chattisgarh High Court

Chhattisgarh Housing Board (Wrongly ... vs Diwakar Singh 16 Cont/1008/2018 ... on 27 September, 2018

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

                                    1

                                                                    NAFR

           HIGH COURT OF CHHATTISGARH, BILASPUR

                    Misc. Civil Case No.679 of 2018

1. Chhattisgarh Housing Board (Wrongly mentioned as State Housing
   Board) Paryavas Bhawan, Sector No. 19, North Block, New Raipur
   (C.G.) Through its Commissioner

2. Executive Engineer, Chhattisgarh Housing Board (Wrongly mentioned
   as State Housing Board) Division-1, Raipur, District Raipur (C.G.)

3. Assistant Engineer, Chhattisgarh Housing Board (Wrongly mentioned
   as State Housing Board) Division-1, Raipur, District Raipur (C.G.)
                                              (Respondents No.2, 7 & 8)
                                                            ---- Applicants

                                 Versus

1. Diwakar Singh, S/o Dr. R.D. Singh, aged about 35 years, R/o MIG
   (DLX) 204, Phase II, Kabir Nagar, Raipur, Thana Kabir Nagar, Tehsil &
   Distt. Raipur (C.G.)

2. Santosh Kumar Dubey, S/o Shri Hari Prasad Dubey, aged about 40
   years, R/o MIG (DLX) 226, Phase II, Kabir Nagar, Raipur, Thana Kabir
   Nagar, Tehsil & Distt. Raipur (C.G.)

3. Vinod Kumar Pandey, S/o Ram Chandra Pandey, aged about 38
   years, R/o MIG (DLX) 196, Phase II, Kabir Nagar, Raipur, Thana Kabir
   Nagar, Tehsil & Distt. Raipur (C.G.)

4. Ashutosh Kumar Yadav, S/o Paras Nath Yadav, aged about 35 years,
   R/o MIG (DLX) 227, Phase II, Kabir Nagar, Raipur, Thana Kabir
   Nagar, Tehsil & Distt. Raipur (C.G.)
                                               (Petitioners No.1 to 4)

5. State of Chhattisgarh, Through Secretary, Ministry of Housing and
   Environment, Mahanadi Bhawan, Mantralaya, New Raipur, Distt.
   Raipur (C.G.)
                                                   (Respondent No. 1)

6. Municipal Corporation Raipur, Zone-8, Mahoba Bazar, Raipur, (C.G.)
   Through Zone Commissioner.
                                                 (Respondent No. 3)

7. Collector, Raipur, Distt. Raipur (C.G.)
                                                      (Respondent No. 4)

8. Superintendent of Police, Raipur, Distt. Raipur (C.G.)
                                                       (Respondent No. 5)

9. Joint Director, Town and County Planning Raipur, Distt. Raipur (C.G.)
                                                     (Respondent No. 6)
                                                   2

   10. S.D.O (Revenue), Raipur, Distt. Raipur (C.G.)
                                                                           (Respondent No. 9)

    11.Tehsildar, Raipur, Distt. Raipur (C.G.)

   12. Thana In-Charge, Police Station Kabir Nagar, Distt. Raipur (C.G.)
                                                  (Respondent No.10 to 11)

   13. Gurudwara Management Committee, Phase II, Chhattisgarh Housing
       Board (wrongly mentioned as Chhattisgarh State Housing Board),
       Kabir Nagar, Raipur Thana Kabir Nagar, Tehsil & Distt. Raipur (C.G.)
                                                       (Respondent No. 12)
                                                         ---- Non-applicants

-----------------------------------------------------------------------------------------------------

For Applicants: Mr. Sanjay Patel, Advocate. For Non-applicants No.1 to 4: Mr. Harsh Wardhan, Advocate. For Non-applicants No.5 and 7 to 12/State: -

Mr. Ashish Surana, Panel Lawyer.
-----------------------------------------------------------------------------------------------------
AND Contempt Case (C) No.1008 of 2018
1. Diwakar Singh, S/o Dr. R.D. Singh, aged about 35 years, President, MIG (DLX) 204, Phase II, Kabir Nagar, Raipur, District Raipur (C.G.)
2. Santosh Kumar Dubey, S/o Shri Hari Prasad Dubey, aged about 40 years, Secretary, MIG (DLX) 226, Phase II, Kabir Nagar, Raipur, District Raipur (C.G.)
3. Vinod Kumar Pandey, S/o Ram Chandra Pandey, aged about 38 years, Member, MIG (DLX) 196, Phase II, Kabir Nagar, Raipur, District Raipur (C.G.)
4. Ashutosh Kumar Yadav, S/o Paras Nath Yadav, aged about 35 years, Member, MIG (DLX) 227, Phase II, Kabir Nagar, Raipur, District Raipur (C.G.)
---- Applicants Versus
1. Shri Siddharth Komal Singh Pardesi, Commissioner, Chhattisgarh State Housing Board, Paryavas Bhawan, Sector-19, North Block, New Raipur (C.G.)
2. Shri Poonam Agrawal, Executive Engineer, Chhattisgarh State Housing Board, Division No.1, Raipur (C.G.)
3. Shri Rajesh Dandaliya, Assistant Engineer, Chhattisgarh State Housing Board, Sub Division No.1, Raipur (C.G.)
4. Shri Prafull Thakur, Additional Superintendent of Police, Raipur (City), Raipur (C.G.) 3
5. H.K. Verma, Upper Commissioner, Chhattisgarh State Housing Board, Raipur (C.G.)
6. Abhishek Verma, Additional Superintendent of Police, Raipur (Protocol), Raipur (C.G.)
7. Shri Sukhnandan Rathore, Additional Superintendent of Police, Raipur (City S.P. In-charge Kotwali Section), Raipur (C.G.)
8. Prafull Choure, Assistant Engineer, C.G. Housing Board, Sub Division No.II, Raipur (C.G.)
9. Seema Thakur, SDM Raipur (City), Raipur (C.G.)
10. Umesh Sahu, Tehsildar Raipur, Raipur (C.G.)
11.Vinay Mishra, Zone Commissioner, Zone No.8, Municipal Corporation Raipur, Raipur (C.G.)
12. Shri Paikara, Assistant Engineer, Zone No.8, Municipal Corporation Raipur, Raipur (C.G.) (Contemnors)
---- Non-applicants
-----------------------------------------------------------------------------------------------------

For Applicants: Mr. Harsh Wardhan, Advocate. For Non-applicants No.1 to 3, 5 and 8: -

Mr. Sanjay Patel, Advocate.
For Non-applicants No.4 to 7, 9 and 10: -
Mr. Ashish Surana, Advocate.
-----------------------------------------------------------------------------------------------------
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/09/2018 M.C.C.No.679/2018
1. The MCC has been filed for granting further three months' time to comply the order dated 3-10-2017 passed by this Court in W.P.(C) No.1610/2017.
2. After hearing learned counsel for the applicants, I deem it appropriate to grant further three months' time from today to comply the order dated 3-10-2017. It is ordered accordingly. The MCC stands disposed of. No order as to cost(s).
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Contempt Case (C) No.1008/2018

3. In view of the order passed in the MCC, the contempt case is closed with liberty to file as and when the cause of action arises.

Sd/-

(Sanjay K. Agrawal) Judge Soma