.,^° 'i./ .- ••^. -^ s ^;^ ^^-^ HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Appeal No.365 of 2010 APPELLANT: RESPONDENTS: Smt. Sandhya Mishra, wife of Shri Vidhan Mishra, aged 47 years, resident of Near Chhattisgarh College, Civil Unss, Raipur Versus 3. 4. State of ChhattJsgarh, through the Secretary', Tovi/n & Country Planning Department, DKS Bhawan, Mantralaya, Raipur (CG) The Town & Country PlannJng Department, through Directorate, Raipur The Collector, Rajpur Municipal Corporation; Raipur, through its Commlssioner Holy Heart Educational Academic Private Ltd., through its Director Shri S.P. Singh, Fingeshwar House, Chhotapara, Ralpur Present: Shri BP, Sharma, counsel for the appeltant, Shrl Sumesh Bajaj, Govt. Advocsts for rsspondsnts No.1,., 2 & 3. Dlvjslon Bench: Hon'ble Shri Dhjrendra Mishra & Hon'bie Shri R.N. Chandrakar. JJ. JUDGMENT (14-1-2011) 1 The appellanfs writ petitjon for directions to olose down the school (respondent No5) and further to decide the compiaints of the ©ppellanthas been disposed of bythe learned Slngie Judge wlth the following observattons- "6, Be that as Jt may, Jt appears that several oomplalnts flled by several other persons js pending consjderation before the ColSector, who have issued a show cause notice dated 30/12/2008, Since no other document has been filed, it may be presumed that final order has not been passed. The petitloner, jf so advlsed, may joln the other persons jn fiiing the compiaint to the Collector, who Is sn selsln of the matter. :.-<A~^ .-.^l' I '.ry/ vy ,^^' if the order has been passed by the Collector in the identlca! compiaint filed by other persons, no reijef can be granted to the petitioner as no cause of action has been disclosed in this petition. It is also brought to the notice of this Court that a complaint in respect of the instant dispute is pending conslderation before the offjce of Lok Ayog. Thys, it is not necessary to go Into the details of the facts as jt involves compljcated disputed facts, which cannot be resolved by this Court on the basjs of documents fjled by the petitioner. Hence, the petitioner is not entitled to any relief at this stage, as the petitioner has not djsctosed any enforceable right accrued in his favour," 2. Learned counse! for the appejlant submitted that the 'nstant appeal may be disposed of with Jiberty to the appeilant to fi!e fresh complalnt before the Collector, who is aiready sejzed of the matter and has issued show cause notlce on compSaints by several other persons on 30 December 2008. On such complalnt belng made by the appellant, the concerned Collector may be further directed to decide the same wlthin specifsed period 3. Learned counsel for the respondents submjtted that he has no objection if the instant appeal is disposed of in the above terms and the concemed Coll^ctor Js dlrected to dispose of the compjaint if the pending complaint on the subject matter before him at the Instance of others has atready not been decicted. 4. In vjew of the above submisss'ons made by iearned counsel for the parties, this appeai is disposed of with liberty to the appellant to fjle fresh complajnt along wlth copy of this order before respondent No.3 for redressal of her grievanoes rajsed in this appeal and the Collector, in turn, is djrected to decide the same within a period of 3 months from the date of receipt of copy of this order, jn accordance with !aw, if he has aiready not decsded the pending eomplaint on the subject matter before him at the instance of others. Ban/e Sd/- Dhirendra Mishar Judge Sd/- ^N.Chandrakar Judge