NAVEEN AND BROTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The instant petition has been filed for the following reliefs:-

(3.) Learned counsel for the petitioner would submit that the petitioner was granted permission to operate a fabrication shop at Shanti Vihar Colony, Danganiya, the objection having been made by few of the residents, the petitioner was served with the notice and off and the shop was being sealed which used to closure of business. He would further submit that the letter dated 26.12.1991 which is issued by the Municipal Corporation about the no objection and the letter dated 05.03.1987 issued by the Municipal Corporation, Raipur would show that the petitioner was granted permission to open a factory at Danganiya ward on his own land. Pursuant thereto the petitioner has opened his shop, therefore, virtually no nuisance was created and the petitioner was well within his legal right to run his shop which cannot be otherwise stopped. He would refer to para 9.6 of the petition and would submit that petitioner's registration was done subsequently on 24.01.2019 which is valid uptill 23.01.2024 for fabrication work on the plot of which the complaint has been made, whereas the Municipal Corporation has intervened in the matter which is offending, whereby the petitioner's right is being restricted to run his business for his livelihood. He would further submit that the like nature of shops are situated and spread all over the city in the residential area and the petitioner is being singally targeted, therefore, there cannot be pick and choose by the Municipal Corporation so as to close down the business of the petitioner.