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Judgment
Prashant Kumar Mishra, J
Heard.
The petitioners are objecting to the allotment of shops to Shri Gyanchand Patni (respondent No.6 in both the petitions), Mohd. Alanoor (respondent
No.7 in WPC No.1091 of 2011) and Shri Pankaj Patni (respondent No.7 in WPC No.5655 of 2011) and execution of lease in favour of respondent
No.6 Shri Gyanchand Patni over the shops constructed at Ward No.30, Hatri Bazar, New Market, Durg.
A perusal of the lease would indicate that there is a market consisting of 209 shops, out of which, the shops have been alloted to respondents 6 & 7
to which the petitioner is objecting on the ground that these shops have been constructed in violation of the master plan.
On proposal moved by the Municipal Corporation, the State Government has approved allotment of shops to the respondents against which the
petitioners claim that the shops have been raised in contravention of the master plan.
In the course of hearing, it appears to this Court that there are disputed questions about the location of the shops, road width viz-a-viz master plan
and the validity of construction of the shops, therefore, instead of keeping this petition pending, it would be just and proper that a decision in the matter
should be taken by the State Government, who has approved the allotment.
Let the petitioners move a representation objecting to the grant of lease to Shri Gyanchand Patni (respondent No.6 in both the petitions), Mohd.
Alanoor (respondent No.7 in WPC No.1091 of 2011) and Shri Pankaj Patni (respondent No.7 in WPC No.5655 of 2011) before the concerned
Department of the State Government within one month from today. Copy of the representation shall also be served on the Commissioner of the
Municipal Corporation, Durg. On such representation being filed, the State Government shall issue notice to respondents 6 & 7 as well as to the
Municipal Corporation, Durg and summon report from the Municipal Corporation. Copy of the report be supplied to all the parties and thereafter, the
State Government shall hear all the parties and decide the representation by a speaking order, at the earliest, preferably within a period of 6 months
from date of submission of certified copy of this order.
The writ petition is accordingly disposed of.