LAWS(CHH)-2024-5-10

CHANDRAHAS PANDEY Vs. STATE OF CHHATTISGARH

Decided On May 09, 2024
Chandrahas Pandey Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioners have filed this petition seeking following relief(s):-

(2.) The facts of the present case are as follows:-

(3.) Mr. Prateek Sharma, learned counsel, appearing for the petitioners would submit that the decisions taken by the Collector, State Government and the CMO, Nagar Panchayat Nawagarh, are arbitrary and violative of the principle of natural justice. Mr. Sharma would submit that no opportunity of hearing was afforded to the petitioners while suspending the resolution passed in their favour dtd. 18/7/2008 and 20/8/2018. It is argued that the possession of the shops were handed over to the petitioners by the Nagar Panchayat and agreements were also entered into between them in the year 2019 itself. Mr Sharma would contend that while exercising the power under Sec. 323 of the Chhattisgarh Municipalities Act, 1961 (for short, the Act, 1961), the executed order can not be placed under suspension. He would thus pray that the orders impugned may be set-aside.