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2024 Supreme(Online)(CHH) 10788

HIGH COURT OF CHHATTISGARH
Mr. Justice Parth Prateem Sahu, J
KULBEER SINGH CHHABRA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Mr.S.C. Verma, Sr. Advocate assisted by Mr. Manharanlal Sahu, Advocate; Mr. Amrito Das, Mr. Anand Mohan Tiwari, Mr. Ratnesh K Agrawal, Mr. Harish Khutiya, Mr. CJK Rao, Mr. Manoj Chouhan, Mr. Manas Vajpai, Ms. Sunita Jain, Mr. Varun Sharma, Mr. Badruddin Khan, Advocates for respective petitioners. Mr. Prafulla N Bharat, Advocate General with Mr. Praveen Das, Dy. Advocate General & Mr. Shubham Bajpai, Panel Lawyer; Mr. Ranbir Singh Marhas with Mr. V. Pandey, Advocate; Mr. Sandeep Dubey and Mr. Vivek Sharma, Advocates for respective respondents.

CAV Order

1. As the challenge in this batch of writ petitions is to the proceeding initiated for delimitation of municipal corporation/ nagar panchayats/municipalities as also final notification issued of delimitation of some of the municipal/ panchayat/ municipalities areas, therefore, these writ petitions were heard together and are being decided by this common order.

2. Petitioner in WPC No.3693/2024 is the Councilor of Ward No.25-Sonarpara of Municipal Corporation Rajnandgaon. Pursuant to publication of preliminary Notification dated 15.7.2024 in regard to the proposal of delimitation of extent of wards under Municipal Corporation Rajnandgaon on the ground that it is in violation of Section 10 (3) and 11 of the Chhattisgarh Municipal Corporation Act, 1956 (for short ‘the Act of 1956’), Rule 6 (2) (iii) of the Chhattisgarh Municipal Corporation (Extent of Wards) Rules, 1994 (henceforth ‘the Rules of 1994’) but the same was not considered and final notification has been issued.

3. Challenge to delimitation process in WPC Nos.3754/2024, 3768/2024, 3795/2024, 4037/2024 is on the ground that the power of delimitation conferred upon the authorities cannot be exercised randomly and frequ

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