4r WRIT PETITION UNDER ARTICLE 227 OF THE COUNSTITUTION OF INDIA. M/ ’II/ The geijijgnennbavw [ff PETITIONER x’ Krishna Kumar Sahu, aged 36 year's, 6m? WW S/o. Chin’ro Rom Sahu, R/o. Village Chanduna, Block Magar‘lod, Tahsil r‘ v’“ Kurud, Distric‘l‘ Dham’rar‘i (6.6.) VERSUS % RESPONDENTS x 1. Shyam Lal @ Shyamsundar, aged 35 Movv aewmmm’ /\k:}y~lk year‘s, Son of Raja Ram Sahu, R/o. Q§> . 1,» Village Buderii, Block Magur‘lod, Tuhsil ‘fv‘x‘w Kur'ud, Dis‘rricT Dhamlari (C.G.), ”g; Ql§°'2¥",,lap§i“ /2. Collector, Dhamfam, . Dls'rrlc‘r . . wgf‘ éaw Dhamfar'i (6.6.), / 3. Assistant Election Officer, Magarlod, Tahsil Kur‘ud, Districf Dham‘rari (6.6.) Present: Shri R.S.Pa.teL Advocate for the petitioner. Shri N.N.Roy, Panel Lawyer for the State. ORAL ORDER authority in exercise of its power under aiier hearing by a competent Learned counsel appearing for the petitioner submits that the aforesaid p order is bad in law, as mere allegation of encroachment is sufficient to hold a candidate disqualified for contesting an election. The contention of learned cou allegation of encroachment is 02% HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION £227) No. 2949 of2010 (Passed on 06E; day of July, 20 10) motion stage itself. nsel appearing for the petitioner that mere enough to disquality the respondent No. 1 from contesting the election, deserves to be rejected on the ground that , it is misconceived and Without any basis of law. The order of the Collector, Dhamtari, which warranting no interference. is impugned herein, is just and proper, Ff: ,, sd/— } Satish K. Agnihotri i w Judge ¥ Wkvh 7M X Challenge in this petition is to the order dated 27.06.2009 (Annexure P/l) passed by the Collector, Dhamtari, wherein the Collector, ’ Dhamtari, after having considered all'the aspects ofthe matter observed that the encroachment may be held as proved only when it is proved section 248 ofthe Chhattisgarh Land Revenue Code, 1959. Accordingly, the writ petition is dismissed being devoid of merit, at the PETYTIONER Applicant VERSUS Shyam Lal @ Shyamsundar & Others. RESPONDENTS Shyam . Non-applicants ARTICLE 2Z7 OF THE CONSTYI'UTION PETITION UNDER Satish K. A nihotri J.