P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
Piyush Mishra S/o. Shri Sadhan Mishra – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of Urban Administration and Development – Respondent
JUDGMENT :
P.R. Ramachandra Menon, J.
1. Delimitation of wards in the Municipal Corporation, Bhilai (2nd Respondent) forms the centre of dispute. The challenge raised against Annexure-P/1 Final Notification dated 10.07.2020, contending that it is in substantial variation from the Preliminary Notification issued by the District Collector vide Annexure-P/2 and that no opportunity of hearing was given with reference to the objections/suggestions raised by the Petitioners came to be turned down by the learned Single Judge; correctness of which is put to challenge in this appeal. The main grounds raised are that; there is infraction of Rules 6, 7 and 8 of the M.P. / Chhattisgarh Municipal Corporation (Extent of Wards) Rules, 1994 (hereinafter referred to as 'the Rules, 1994') insofar as no opportunity of hearing on the objection was ever given before effecting the substantial variations and further, the decision has been made by the District Collector himself on the objections, as revealed from the 'return' filed from the part of the State; which task ought to have been pursued only by the State in view of the mandate under Section 10 of the Chhattisgarh Municipal Corporation Act, 1956 (h
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