D c .,^ c^' IN THE HIGH COORT OF JUDICATURE AT BILASPUR (C.G.) W.P. N0.^5-9 OF 2001 IN THE MATTER OF: PETITIONERS ' . .n ^ ....^r7' ....-•^^%Y<'' » y ^•"^^y^^""\ ^••'^'••i'"' ^.w;'Ay «»^'" ?^":^ '^ RESPONDENTS '\./ 1 .^. !-i.!S?a"' ^ff'l'": •'^<-vs,. 7M/S VIMAL CONSTRUCTIONS, a partnership firm duly registered under the relevant provisions of the Partnership Act, 1932, and carrying on business of Engineers and Contractors at Ravi Bhavan, Jai Stambh, Raipur 492001 VIMAL CHAND JAIN son of Late Manikchand Jain, aged 47 years, Partner M/S Vimal Constructions, resident of 21, Sbuth Avenue, Choubey Colony, Raipur (C.G.) VERSUS THE RAIPUR MUNICIPAL CORPORATION, a body corporate having common seal and perpetual succession having being constituted under s. 7 of the Municipal Corporation Act, 1956, having its principal office at Malviya Path, Raipur (C.G.) through the Commissioner, Raipur Municipal Corporation, Raipur (C.G.) THE S TATE OF CHHATTISGARH, Through . the Principal Secretary to the Governinent of Chhattisgarb, Department of Public Works, Mantralaya (D.K.Bhavan), G.E. Road, Raipur (C.G.) THE OFFICER IN CHARGE, R&JYA RAJDHANI PARIYOJNA, Office of th-e Raipur Development Authority, G.E. Road, Raipur (C.G.) THE CHIEF EXECUTIVE OFFICER, Raipur Development Authority, G.E. road, Raipur (C.G.) THE COLLECTOR, RAIPUR (C.G.) -2 - PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF WRITS IN THE NATURE OF MANDAMUS, CERTIORARI ETC. AND/OR FOR ORDER(S) AND/OR DIRECTION (S) IN THE NATURE OF WRITS. ^ XI-HC-22 ^d ^qiqi^p;, ^g w, wwvy W.iP.No. 1259/2001 '~tu SIRTf^I i r<-ii.+ 'sn^r aPTWafel sn^ 'ysswS^v A.M"i'fv' t|!Hdl''qf5c71"tfSTi3TC ^ SItSTq .3:n1?F 31/7/200l learnfed Sbrlvast^va counsel for the L, learned counsel for Sbr.i, B.P. Shanna,. ShrA Manindra respondent/Corporatl.on* Heaad* O R BiE R 1 Shri HanindEa Shrivast^va, learned counsel appearing en behalf oS Corporation sul^mits thatt this petition 1s pce<«niatare inasmuch as showicause notice issued to the writ petitioner to appear b^fo^s the Commissioner on 31/7/2001 at 4»30 p.m. was Bec8ivec>toy fcbe pettti'oner yesterday at 10.55. a.n. S^. is furtber submittsd tbat the petitioner has been givdn an oppertunity to shaw cause and to place his entire cas^ before tbe Coinmlssl.oner, who will thereafter pass the ne^essary os6ets on merits. Shrl B.P. Sharraa. leari^ed counsel for the petltioner subnits that the time to sb<^w eause is too liinited. It appears tbat the Competent A(uthority, if approaehed, shottld grant suff icient tiae• lie-t the writ petitAoae^ appear before the Conniissloner by 4*00 p.m. on Friday. Upqn such appearance by the petitioiier tbe Coaimlssloner ishall decl.de tbe natter is accocdance with the ipcovisioss laid down in this bebalf + STI^T^ TSFira-STI^I ^H't'^ ^a an^r'ci^); (^f^g^sr 5 In the infcerest of ia queeltl.on shall not be fJlnally decided by tt» petit.ton is dtsposed o£ ^FfeqN ^llciT 4 ftIZt <F^'t^!( cfi- sriigHsn^T *• .. 2| ia tbe Municipal CorporaUo** Act* It 1s contended by Mr.B.P. shatma. learnedl the saane natter was alre^dy adjadi.catec^.before the Conimissioner and tbere i^ The petit.ioneE 1s at llb^rty before the'CoBua.tssloner. couBsel fos tbe petltioaer that adjudicated^before / an order passed by the Conmissioner to produce aoy such documents Bust.i.ce, I dlrect that tte? butlding l^molished before the mattier 1s C^nnissioneFe la the result, tbis •,ts C'hiefJustice