iN THE HIGH COURT OF JUDICATURE CHHATTISGARK AT BILASPUR FBuuunW / W.P.NO. ^^cj / 2002 Versus Radheshyam Sharma S/o Pandit Rameshwar Prasad Shanna, agsd sbcut 56 years, R/o Sai Nagar, Fafadih P^aipur- (C.G.) t R<?spoiideiits <p ^^'^" ^..^y <^>"" .^- 1. State of Chhattisgarh through tho Secretary, Local SelfDepartmcnt, DK Bhawan, Raipur-(C.G.) 2. Mumcipal Corporation, Raipur, throngh its Commissioner, Municipai Corporation Raipur, Dist: Raipur-iC.G.) 3. Asst.Engineer, Municipal Corporation, Raipur-(C.G-) WRIT PETITION UNDER ARTICLE 226027 C^ THE CONSTITUTION OF INDIA ^^ ^ HIGH COURT OF CHHATTISGARH AT BILA8PUR WRIT PETmON No. 2704 of2002 PETITIONER : RESPONDENT8 Radheshyam Shamia. VERSUS State ofChhattisgarh & Others. Amit WRIT PETmON U/A 226/227 OF THE CONSTrTUTION OF INDIA SB: Hon'ble Shri Satish K. Asmhotri. J. Present: Shri Anand Dadariya, Advocate for fhe petitioner. Sltri Amn Sao, Govenmient Advocate for the State. Shri H.B.Agrawal, Senior Advocate witii Ms. Sareena Khan, Advocate for the respondent No. 2 and 3. ORDER (Passed on 30th day ofNovember, 2011) 1. Challenge in fhis petition is to the show cause notice dated 17.12.2002 (Annexure A/4) whereby the petitioner has been directed to remove the unauthorized constmctiorL and further, the petitioner seeks a direction to tiie respondent authorities not to demolish any part of fhe petitioner's house. 2. Shri Agrawal, leamed senior counsel appearing wifh Ms. Sareena Khan, leamed Advocate for the respondent No. 2 and 3 submits that on account of interim order passed by this Court on 14.01.2003, no action for demolition of the unauthorized consfruction could be taken. However, since the stand of the Corporation is that fhe constmction was not in accordance with the sanctioned map, fhe respondent-Corporation may be pemiitted to re-consider the case, if a fresh application is made by the petitoiner detailing his case alongwith documents, in response to the aforestated show cause notice. 3. Leamed counsel appearing for the petitioner has no objection. 4. Wifhout expressing any opinion on merits ofthe case, the petition is disposed of reserving liberty to the petitioner to file a fresh respbtise to the aforestated show cause notice, which shall be considered and decided in accordance with law, on its own merits and perspective, as expeditiously as possible. In fhe meaiitime, no action shall be taken by the respondent-Corporation before deciding the case of tiie petitioner, as aforestated. No order asto costs. Sd/- SatishK.Agnihotri Judge