mm ‘ ‘ ...‘i200 WW (W) W ~ ' mw wm writ Petition No. 2922 of 2006 x Petitioner Smt. Gu] meet Dhanai, ' W/o Shr] Narendra Pal Dhanal, Aged ab t 4O years 1; Respondents 1 . ’ _ {L _ - Through. ecretary, Revenue, Mantrala a, DKS Bhawan, Raipur (CG) ‘ p ‘ f 2. Deputy rector, ' Nagar Ta ha Gram N1vesh Distriet rg (CG) 3. V Munlclpa Corporatlon Durg Through the Mun1c1pal. Corporation, Commlss oner, Durg, DistrictDurg (CG) ‘ ‘ Writ etition under Article 22 1227 of the Constitution o f ‘ 7 India a S B Hon’ble Shri Dhirendra Mishra J 20.3 2009 ‘ . Mr Chandresh Shrlvastava counsel for the petltloner f Mr AS Kachhawaha Dy AG for the State Mr Sanjay K Agrawal and Mr Sourabh Sharma, counsel ‘ for the respondent NO 3 ’ e * ' c} , )- /,L' V WWWm—Fms—l1/2008—1,oo,ooo. . :mw n,m ..............-...........,mgizoo ’_,~mm(m> " ‘ ’ 4 Wmarfwm This petition is directed inst the show—cause notice of Annexure P/l dated 1.6. 06 issued Vby respondent No.3/Municipa1 Corporation, D rg, whereby the petitioner has been called ‘upon to remove the boundary wall within 24 hours, f§1ing which it would be got re oved by the Corporation at [the expenses of the petitioner. Learned counsel for the pe itioner submits that the instant petition was filed in place in 'vil suit, as the petitioner was required to issue statutory notice of 3O days under Section 401 of the Corporation Act before filing Mr. Agrawal,‘ learned c el appearing for respondent No.3/Municipa1 Corporation Su mits that the interim order is operative against the responden > the statutory period of.notice is already over and in these ci Instances, the instant petition " may be disposed of with liberty t the petitioner’to file civil suit in the Court of competent jurisdic ' n for the remedies claimed by r the petitioner in the instant petit' on, and interim protection may be allowed to the petitioner till filing of civil suit. Learned counsel for the petitioner also submits that this i V petition may be disposed of with liberty _to the petitioner to file a civil suit. it against the Corporation. o s We sawW WW~FS/9s—1 i /2ooa——i ,oo,ouo. \ a r t , . m I......... .....................-. ........“i200 amm (W) w ‘ 4 Wmafs‘am In View above submissions of learned counsel for the paltles thls petltlon 1s dlsposed ( f w1th hberty to the petltloner to file a c1V11 su1t before the competent court w1th1n a perlod of four weeks from today Interlm order granted by th1s Court shall remaln 1n force t111 the c1V11 su1t 1s filed It ls clanfled that the learned civil Court shall decide the mater, including any interim application, on its own merits Without being Influenced by the 1nterim order passed by this Court Consequently, MWP No.334D/O6 stands disposed of. ‘ Sd/- Dhirendra Mishra Judge WQwWW—W ———/ I/t