•B 5 IN THE HIGH COURT OFLJUDICATURE AT BILASPUR CHHATTISGARH WRIT PETITION No.235_9 /2006 BENCM 's.s^ibre PETITIONER ^^^g^- ....--:'^»^-'":....-"-- ^•^,^>\<:^.fe '^ssf^""^--"" Aates--"' RESPONDENTS ^ Smt. Lalita Agarwal W/o Shri Kishan Agarwal, aged about - 35 years, R/o Kewada badi, Raigarh (C.G.) VERSUS 1. State of Chhattisgarh ^- Through - Collector, Raigarh (C.G.) 2. Municipal Corporation Through - Commissioner, ^ RaigarhfC.G.) iraiTITIPN UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA The above named pedtioner respectfully begs to submit as under : [.''. ^o HIGH COURT OF CHHATTISGARH AT BILASPUR WRTT PETTTION No. 2399 of2006 " PETmONER : Smt Lalita Agarwal. VERSUS RESPONDENTS : State ofChhattisgarh & another. WMT PETITION UNDER_ARTICLE 226/227 OF THE CONSTTTUTION OF DMDA SB: Hon'ble Shri Sattsh K. Aemhotri. J. Present: Shri Amit Shanna, Advoeate forthe petitioner. Shri N.N.Roy, Panel Lawyer for the State/respondent No. 1. Shri V.R.Tiwari, Advocate forthe resporulent No. 2. ORDERfORAL) (Passed on 17th day of June, 2010) 1. Leamed counsel appearing for the petitioner submits that Ifae respondent No. 2-Corporation is raising construction of a community hall on a portion ofplot No. 32, Sheet No. 42, admeasurmg 800 sqA situated ^ Mohalla Kewada Badi, Rai^rh. The said land is wifhin fhe ownership ofthe petitioner as is evident from Annexure P/l. Shri Shanna further submits that the construction of community hall is being raised by the respondert No. 2-Corporation, iUegally overthe said plot. 2. Shri Tiwari, leamed counsel appearing for the respondent No. 2- Cotporation, relying on a letter of Nazul Qfficffl- dated .25.08.; (Annexure R/2-1), suhmits that the construction is not being raised on any part or portion ofthe abovestated plot. The construction is being raised over some other parcel ofthe land i.e. plot No. 33, nazul sheet No. 42, which admittedly, is not owned by the petitioner. 3. Be that as ft may, the instant petition involves disputed question offacts. There is no dispute that the plot No. 32, Sheet No. 42, admeasuriag 800 sq.ft. situated at Mohalla Kewada Badi, Raigarh, belon^ to the petitioner. It would be expedient in the interest ofjustice to direct the Collector, Raigarh, to examine the factual position. Ifthe conrtruction of connnunity hall is being raised on the plot of tfie petitioner, appropriate directions/orders may be issued by the Collector, in accordance with law. It is aecordmgly ordered. 4. With the afbresaid observation and direction, the writ petition is disposedof. - i Satish K. Agnihom Judge