i1? THE EIGE C§URT OF §Iili$TTISGARH JET BILASPUR / W.P.Na. 1&7 £2004 g} PETITIONER : Smt, Tqeeiéam Agmval‘. W1 x) $Eri Bel I€r£$1ma gagarwai, Ageé abmtt :34 yaam, Occupation— Bum'ness, Rf o 24, Daongaji Colony, Raipur (C.G.). Jlermm — RESPONDENTS : 1. State of Chhattisgarh, , aA ' Through Secretary, Department of Hausing and Environment, Mantralaya, Raipur (CLGJ. Callectnr, Raipur (C.G.). Director. Town & Cnuntry Plainaing, R&ipur (C.G.) Municilaal Corporation, Raipur, Q Thxough itS Cummiwioner, Corporate Builojng, Raipur (C.G.). ' 1 z” / / WRIT PETITION VEDER ARTICLE 22%[227 OF THE CONSTITUIGW GE IKDIA FQR I$$UA§ICE GP A $UXTABLE WRIT, ORDER OR DIREGTION TO DO JU$TICE 1N THE Mai’l‘TER. XI~I-IC—22 {Ti zoo (7 W i WW WW WW mmw WW§WW’ éqwm “£42005: - Shri Rajeev Shrivastava, le Shri Yashwant Singh, Iear to 3. Shri H . B.Agrawal, Chandrakar, teamed counsel for i The petitioner has filed tl she is the owner of the property and the respondents are orally t ‘ the premises, on the charge th t her possession is that of encroacher. without following the procedure rescribed under the law but only on the ground of political vendetta. This Court vide order d ted 17.12.2004 had passed an interim order to the effect that the res ondents shall not deinolish the structure without foliowing the prescribed procedure established under the law till the next date of hearing. 'However, it is submitt proceedings shall be initiated procedure prescribed underkthe l w and before initiating any proceedings, the petitioner will be afforded due opportunity to put up her case. lean arned counsel for the petitioner. ned G.A. for the Statefrespondents No. 1 led Sr. Advocate with smt. Usha espondent No.4. ie instant petitian on the ailegations that and building situatedin the disputed iand reatening the petitioner to evict her from in he meanwhile. the respondent No.4 Le. square meter iand. 0 by the respondents that no eviction inst thevpetitioner without foliowing the mw,e?hm,i%imgt Wm WmQQ.f./.g.é.%. Municipal Corporation, Raipur in is reply has submitted that the husband ‘ of the petitioner has encroaohed upon the land of the Corporation bearing Khasra No. 221/01 admeaauring 225 x 2D meter and 40 x 140 meter and thus, has encro'ached upon 1,01, e a XLHC—22 mm In view of the above subm ssion of counsei for the respondents that the petitioner shal! not be evictet from the disputed iand without foliowing the procedure prescribed under the law, i am of the opinion that the instant petition should be disposed of with a liberty to the petitioner to flle appropriate proceedings availabie under the law in the event of new cause of action against the respondents. 4 With the aforesaid observadons, the petition stands disposed of. Sdl- DWRA RAISE-RA ’ i‘“ Judge ‘p (@W) K ‘ wfigé? Hi 2009“ W WW mm WW mmw gzH WW§WW %a1%#311%31