''V •\ , \ o o ; IN THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR WRIT PETITION fC1 No. -TS-^ /2011 PETITIONER ^g^^ •^y^^^ Gopal Prasad Agrawal, Age about GOyears, Son of Late Ayohdya Prasad Agrawal, Kharsia, R/o Chhapriganj, Kharsia, Raigarh, Distt. Raigarh (C.G.) VERSUS RESPONDENTS / 1. Municipal Conucil Kharsia, Through- Its Commissioner, Kharsia, Distt- Raigarh (C.G.) -2. The Sub Divisional Officer (Revenue), Kharsia, Distt. Raigarh (C.G.). 3. The Collector Raigarh,Distt,-Raigarh. WRIT PETITION UNDER ARTICLE 226/227 OFTHE CONSTITUION OF INDIA HIGM COURTOF CHHATnSGARH : BILASPUR WRIT PETITION (C) N0.6871 OF2011 PETITIONER Gopal Prasad Agrawal Vereus RESPONDENTS Municipal Council, Kharsiya & Others (Writ Petition underArticle 226/227 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Amit Sharma, Advocate for the petitioner. Shri Sudeep Agrawal, Advocate for the respondent No.1. Shri V.V.S. Murthy, Dy. Adv. General forthe.State. O R D E R ISt 5.- 6. (Passed on this 21 day of November, 2011) Meard learned counsel for the parties. At the very outset, learned counsel appearing for the respondent No.1 submits that the petitioner has approached this Court without there being any cause of action, as no notice has been issued and further there is no contemplation of demolition ofthe structure in dispute. Thus, this petition is premature. On a query asto whether any notice has been issued by the respondent No.1 to the petitioner, learned counsel appearing for the petitionersubmits that it is true that there is no notice, however, by beat ofdrums, announcement has been made to demolish some structures. Learned counsel further submits that demarcation has been done, which is illegal and no demolition can take placeunless and until the petitioner is properly notified for demolition. At fhis juncture, learned counsel appearing for the respondent No.1 fairly and Gategorically made a statement that no demolition is taking place without affording proper opportunity of hearing to fhe affected party. Ip view of the above, according to the learned counsel for the petitioner, nothing survives in this petition foradjudication. Accordingly, the writ petition is disposed of. ———-.^_ Gowri Sd/- SATISH K. ANGNmOM Judge