Order On Board

16.02.2024

1. With the consent of parties, the matter is heard finally.

2. This review petition has been preferred for review/recall of the order dated 09.01.2024 passed by this Court in WPC No.15/2024, whereby while disposing of the aforesaid WPC, this Court has passed the following order in Para 5 & 6, which is reproduced as under:-

5) As per the contention put forth by learned counsel for the petitioner, respondent No.4 has made alleged illegal construction, against which, Council of Nagar Panchayat, Pussor has also passed resolution, but that resolution has not been complied with, therefore, considering the limited prayer, this petition is disposed of directing respondent No.3/the Chief Municipal Officer, Nagar Panchayat, Pussor to take appropriate steps in accordance with law, with regard to application dated 15.9.2023 (Annexure-P/10) filed before him by the petitioner, within 30 days after receipt/production of a copy of this order.

6) With aforesaid observation and direction, the petition stands disposed of at the motion stage itself.

3. Learned counsel for the petitioner submits that the respondent No.1 herein had filed the aforesaid writ petition bearing WPC No.15/2024 stating therein, inter alia that, the petitioner herein had raised construction against building permission. Therefore, the aforesaid writ petition preferred by the respondent No.1 was disposed of vide order dated 09.01.2024 by this Court, without affording opportunity of hearing to the petitioner herein, with a direction to the Chief Municipal Officer, Nagar Panchayat Pussor to take appropriate steps, with regard to the application dated 15.09.2023. Thereafter, petitioner herein, had preferred an appeal against the order passed in that aforesaid petition, bearing WA No.64/2024, whereby the Hon’ble Division Bench dismissed the appeal vide order dated 12.02.2024 and liberty was granted to the petitioner to file review petition against the aforesaid order. It is further submitted that, dispute with regard to the subject land has been travelled from SDO Raigarh to Board of Revenue Bilaspur and Board of Revenue has passed the order in favour of the petitioner herein, which was challenged by a person in WPC No.3036/2019. Subsequently, that person had withdrawn his petition on 20.01.2023, but respondent No.1 herein (petitioner in WPC No.15/2024) had concealed the aforesaid facts, filed the writ petition and secured the impugned order dated 09.01.2024, which caused prejudice to him. Hence, it is prayed that since impugned order has been passed without affording opportunity of hearing to the petitioner, therefore, the said order may be recalled and the same may be considered on merits.

4. Per Contra, learned counsel for the respondent No.1 would submit that, vide order dated 09.01.2024, no order of mandamus was passed and case was also not considered on merits, only resolution was passed by the Council of Nagar Panchayat was directed to be complied with and in that order, no prejudice would be caused to the petitioner herein. Therefore, there is no apparent error in impugned order, if, any grievance persists, then, petitioner may avail the remedy available to him, under the law. Hence this review/recall petition is liable to be dismissed.

5. I have heard learned counsel for the parties and perused the material available on record.

6. Undisputedly, order dated 09.01.2024 was passed without affording opportunity of hearing to the petitioner. The order was passed in WPC No.15/2024, at initial stage, i.e. on the first date of hearing of the case only, that too, without considering the case on merit. As submitted by the learned counsel for the petitioner herein that, dispute with regard to the subject land has travelled from SDO to Board of revenue, writ petition was also preferred by a person with regard to that, which was withdrawn by him later and these facts were concealed by the respondent No.1 herein and had filed the writ petition, which was disposed