HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) N0. 2775 of2(X)9 PETITIONERS : 1. Smt. Godawari Bai Sahu W/o Late Abhay Ram Sahu, aged about 65 years. 2. Jimdra Kumar Sahu S/o Late Abhay Ram Sahu, aged about 40 years. . Kuntram Sahu S/o Kodan Ram Sahu, aged about 65 years. 4. Prem Chandrakar, S/o Makhan Chandrakal; aged about 45 yem. 5. Sukhiram Soni S/o Ghasiram Soni, aged about 55 years. 6. Laxmin Bai‘ D/o Anjori Sahi, aged about 40 years. 7. Netram Agfawal S/o Brijram Agrawal, aged about 65 years. 8. Smt. Kiran Agrawal W/o Suresh Agrawal, aged about 37 years. 9. Soh‘an Lal Sahu S/o Ram Kishun Sahu, aged about 55 years. 10.Bhuwan Lal Sahu S/o Ram Kishun Sahu, aged about 65 years. A11 are R/o B.T.I. Road, Mahasamund, District Mahasamund (C.G.) / RESPONDENTS : 1. Municipal Council, Through Chief Municipal Officer, Municipal Council, Mahasamund. District Mahasamund.(C.G.) 2. Collector, Mahasamund, District Mahasamund (ca) WRIT PETITION U/A. 226 OF THE CONSTITUTION OF INDIA VERSUS \ SB: Hon’ble Shri Satish K Agnihotri. J. ‘ @ Present: Shri Awadh Tn'pathi, Advocate for the petitioner. Shri Sudeep Agawal, Advocate for the raspondent No. l. Shn‘ Amrito Das, Panel Lawyer for the State/respondent No. 2. ORDER (ORAL! (Passed on 30 day of June, 2009) Heard. . Learned counsel appearing for the petitioner submits that the petitioners are not the eneroaehers but are the owners and title hoiders of the land in dispute. The respondent No. 1, without aifording an opportunity of hearing to the petitioners, hag held that the petitioners are the encroaehers and has issued the impugned notice dated 28.5.2009 (Annexure P/l colly.) to show cause as to Why the structures over the disputed land may not be removed, as the petitioners are encroachers on the government land. 2. Shri Agrawal, learned counsel appearing for the respondent No. I submits that without affording an opportunity ofhearing to establish their title and ownership, no steps shall be taken with regard to the premises/structures situated over the disputed land till the representation ofthe petitioners are tinally decided, subject to tiling ofthe representation by the petitioners at the earliest. 3. Shri Tripathi, leamed counsel appearing for the petitioners mydertakes to take steps within a period ofthree days, if so advised. / . 4. In View ofthe foregding. this-petition is disposed of. / Sd/- I 5 Satish K. Agnihotri l Judge