HIGH COURT OF CHHATTISOARH AT BILASPUR WRFT PETmON (0 iNo. 3008 of2009 PETmONER .'•^, Vyay Prakash S/o Shrij Ram Prakash Pandey Aged about 42 years/ resident of Janakpur, Tahsil Bharatpur, Distijict Korea (C.G.) VERSUS RESPONDENTS : 1. State of Chhattisgarh, Through: Seeretary, Department of Revemie- D.K.S. Bhawaii, Mantralaya, Raipur (C.G.) 2. TheCollector,KoreaDistrictKorea(C.G.) 3. Tahsildar, Bharatpur, District Korea (C.G.) WRTT PETmON UNDER ARTICLE 226 DF THE CONSTmJTION OF INDIA SB: Hon'ble Shri Satish K. Agnihotrii, J. Present: Shri Sandeep Dubey, Advocate fbr the petitioner. Shri Amn Sao/Govemment Advocate fbrthe State/responderrts. ORDER fORAD (Passed on 30th day of June,2009) 1. Leamed coimsel appearing for the petitioner submits that a notice dated 11.05.2009 (.4dmexure P/l) has been issued for dispossessmg the petitioner from his house by the respondent No. 3. The notice is addressed to the brother of the pctitioner namely Ajay Prakash, who does not reside in fhe house isi dispute which bears Khasra No. 25/1 area 0.01 Hectare at village Janakpun Tahsil Bharatpiir/Di^ict Korea. Shri Dubey fur^ submits that the petitioner is fhe ovmer and iri possession ofthe said house, 2. Shri Sao, leamedcounsel app^ing fbrfhe State/responde^^^^^ petitioner has been infomied earlier in the year 2005 to yacate fhe premises as the constmction was done over the govemment land and that amounts to encroachment. 3. On pemsal ofthe papers, it is found that the letter was addressed to his brother Ajay Prakash, and not the petitioner, Earlier also, a sum ofRs. 1000/- was imposed as fine upon Ajay Prakash. 4. Be that as it may, without gomg into merits ofthe case as it involves dispirted question of facts m respect ofthe title and ownership of the property in dispute, liberty is reserved to the petitionerto take recourse to competent civil Jurisdiction for appropriate relief, if so advised. Howeven having regard to the facts situation ofthecase.the respondent-authorities shall not take any steps for a period oftliree weeks. 5. In view ofthe foregoing, this petition stands disposed of Sd/- SatishK.Agnihotri Judge