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2021 Supreme(Chh) 198

GOUTAM BHADURI
Municipal Corporation Jagdalpur, Through Its Commissioner – Appellant
Versus
Thalesh Chandra Dubey S/o. Late Gangadhar Dubey – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arun Kumar Shukla, Advocate.
For the Respondents:Mr. Prasun Kumar Bhaduri, Advocate, Mrs. Sunita Jain, G.A.

ORDER :

1. Heard.

2. The instant review petition has been filed to review the order dated 04.07.2019 passed in WPC No. 714/2019. The review petition appears to have been filed on 05.08.2019. The following substantive order was passed in WPC No. 714/2019:-

    “8. The Sahmati Patra which is relied on by the Municipal Corporation, which speaks of the fact that the parties thereto do not want compensation. This document do not contain the name of the petitioner and the signature of the petitioner is also not there on such document, the same is Annexure P-2. Therefore, the submission of the respondent No.1 that the petitioner has relinquished his right of compensation by such Sahmati Patra/ consent letter cannot be accepted. The letter which is filed as Annexure R-1 by the Municipal Corporation, the petitioner's signature has been obtained but reading of such letter do not show that the petitioner at any time disclaimed his right to get the compensation. Consequently, if other persons have not claimed the compensation, the petitioner cannot be enveloped by other adjacent land owners consent who decided to leave compensation for acquisition of property for the reason the road and drain is cons

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