‘ PETITIONER HIGH COURT OF CHHATTISGARH AT BILASPUR Writ petition (C) No. 1424 OF 2011 Banwasa Bai W/O Pyarelal, aged about 55 years, Councilor, Nagar Panchayat / Gandai (Pandariya), District Rajnandgaon C.G. VERSUS l. State of C.G. through the Secretary Urban Affairs, DKS Bhawan Raipur C.G. Imalchand Swarnkar, aged about'SS years, S/o Late Bhagwat Prasad Swarnkar, R/o Pandariya (gandai), District Rajnandgaon, present address Sahayak Lekha Adhikari, Chhattisgarh Rajya Vipnan Sangh Maryadit, Rinki Plastic Ke pichhe, Dilip Shivastava Building Shyamnagar, Raipur C.G. (Plaintiff). Nagar Panchayat Gandai (Pandariya) Tahsil Chhuikhadan, through the Chief Municipal officer, Nagar Panchayat Gandai (Pandariya) District Rajnandgaon C.G. (Defendant No. 1). Shri O.P. Thakur, Chief Municipal Officer, Nagar Panchayat Gandai (Pandariya), District Rajnandgaon C.G. presently posted at Nagar Panchayat Dabhra, District Janjgir Champa.C.G. (Defendant No. 2). Shri Kamdev Candrakar Chef Municipal Officer, Nagar Panchayat Gandai (Pandariya) District Rajnandgao C.G. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) resent:— Mr. Rakesh Pandey, Advocate for the petitioner. Mr. Surnit Janwar, P.L. for the State. ORAL- ORDER (Passed on 25/07/201 1) By this petition under Article 226 of the Constitution of India petitioner as challenged the legality and propriety of the order dated 20/4/2010 assed by Civil Judge, Class~I, Khairagah, District Rajnandgaon (C.G.) in civil suit No. l-A/2007. @ h i RESPONDENT P h p r 2;— Q9 After somc arguments, learned counsel for the petitioner submits that he seeks to withdraw this petition with liberty to file appropriate petition before the trial Court in terms of Proviso to Rule 3 of Order 23 of Civil Procedure Code, 1908 on the ground that compromise filed by Chief Municipal Officer who obtained permission from Nagar Panchayat as required under the law is a petition filed on behalf of person not competent to file and therefore the decree of nullity on this ground. Prayer allowed. Consequently, petition is dismissed as withdrawn with aforesaid liberty. Copy of judgment and decree impugned be returned to the learned counsel for the petitioner after duly submission of the photostatted copy of same. No order as to costs. ”ya-raw Sd/— T. P. Sharma Judge \~ p-