HIGH COURT OF CHHATTISGARH AT BILASPUR PETmONERS RESPONDENT WRTT PETmON No. 2040 of2006 1. Shri Bhagwat Soni, aged 41 years son of late Anandram Soni. 2. Shrimati Kiran Soni, aged 36 years wife of Shri Bhagwat Soni, resident of Brahmanpara, Durg, Tahsil and Distt. Durg (CG). VERSUS Municipal Corporation, Durg, Through Conamissioner. -' WRTT PETITION UNDER ARTICLE 226/227 OF THE CONSTrTUTION OF INDIA SB: Hon'ble Shri Satish K. Aairihotn, J. Present: Shri Somkant Venna, Advocate for the petitioners. Noae for the respondent. ORALORDER 1. iai (Passed on 07"' day ofNovember, 2008) By this petition, the petitioner impugis the notice dated 12.04.2006 (Annexure P/l), which was issued by Municipal Corporation, Durg, for having committed illegal construction. It was further mentioned in the notice fhat illegal construction shall be removed at any time and shall recover its costs. The petitioner has not filed any reply to the said notice and directly approached this Court seeking a direction to fhe respondent Corporation to quash Ifae impugned demolition notice dated 12.04.2006 (Annexure P/l). 2. Be fhat as it may, admittedly no reply has been filed by the petitioner aud no order for demolition ofthe petitioners scheduled property has been taken as on date. Therefore, fhe petition is premature. 3. However, the petitioner has remedy under section 307(5) of the C.G. Municipal Corporation Act, 1956 to take recouree to the jurisdictional Court ^!us^ '»! for injunction or otherwise, in the event an order of demolition or otherwise is passed bythe respondecit Corporation. 4. In view of the foregoing, this petition is disposed of. The respondent- Corporation shall not pass any order for demolition without considering the rq)ly/representation, if so filed. Thereafter, the petitioner is at liberty to take recourse to statutory forum that may be available to him under the provisions oflaw. No order asto costs. 5. Consequently, M(W)P No. 1548/06, application for grant of interim relief, stands disposed of. Sd/- Satish K.Agnihotri Judge Sahu