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Judgment
Dr. T. Amarnath Goud, J
[1] Heard learned counsel appearing for the respective parties.
[2] This present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs:
“i. ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, calling for the records, lying with them, and for quashing/setting aside the notices and reminders for vacation of the shops of the petitioner dated 06.03.2025, 02.06.2025 & 23.06.2025 issued by the respondent no. 1;
ii. ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, directing/mandating the respondents to set aside the impugned notices and reminders for vacation of the shops of the petitioner dated 06.03.2025, 02.06.2025 & 23.06.2025 issued by the respondent no. 1;
iii. CALL FOR THE RECORDS, appertaining to this petition;
IV. After hearing the parties, be pleased to make the RULE ABSOLUTE in terms of i., &ii., above;
V. COSTS of and incidental to this proceeding:
vi. Any other RELIEF(s) as to this Hon'ble High Court may deem fit and proper.”
[3] After hearing the submissions made at the bar, this Court is of the view that respondent- Municipal Council shall offer an opportunity by fixing a date and time and on the said date the petitioner shall be present along with all necessary documents in support of the submission that he has made a construction and if the said construction is authorized (legal), in terms of the formalities of Santirbazar Municipal Council and the said permission is obtained from the concerned authority, the same to be placed before the concerned authority.
[4] Insofar as, the issue regarding the Government land is concerned, since, the petitioner is claiming that it is his ownership property, in this regard he is at liberty to place all relevant documents before the concerned authority.
[5] In view of the same, this Court directs that upon examining the said documents, the concerned respondent(s) shall consider the case of the petitioner and pass appropriate orders as expeditiously as possible in accordance with law. This entire exercise shall be completed on or before 31st December, 2025 till then statues-quo to be maintained.
[6] With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed.