'^t H!GH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH : HON'BLE SHRi S.R. NAYAK, CJ. WRIT PETITION No.2387 OF 2006 PETITIONER RESPONDENTS Dev Kunwar W/o Pardesi Aged About 70 years R/o Viliage Lingiadih Tahsi! & District Biiaspur (C.G.) Versus 1. State of Chhattisgarh Through Secretary Department of Revenue Mantralaya, D.K.S. Building Raipur (C.G.) 2. Colisctor, Collectorate - Bi!aspur District Bilaspur (C.G.) 3. Tahsiidar, Bilaspur District Bilaspur (C.G.) 4. Municipai Corporation Bilaspur Through The Commissioner, Municipal Corporation Bilaspur (C.G.) Present: Shri Upendra Bharat, Shri R.D. Rai, Shri Sanjay K. Agrawal & Shri Rajeev Bharat, learned counse! for the petitioner. Shri Utkarsh Verma, learned Dy. Govt. Adv, forthe State. ORAL ORDER (Passed on 5tn Klay, 2006) The grievance of the petitioner is that the petitioner is in actual possession and enjoyment of the petition schedule property and the Authorities of the Municipal Corporstion, Bilaspur, the fourth respondent herein, without reason or rhyme and without any semblance of legat right over the petition scheduie !and have issued the impugned notlce stating that the petitioner has encroached the petition schedule !and and put up construction unauthorisedly and calling upon her to remove the construction within seven days and if she complies with the demand, they u»\ would provide alternative land elsewhere. if the version of the petitioner is correct, the petitioner can have effective and comprehensive legal remedy by way of a suit before the jurisdictional Civil Court. Ths petitioner can avail of private law review remedies like declaration and/or injunction. The dispute brought before the Court reiates to title of the petition schedule property. Whether it is the property of the petitioner as claimed by her or it is the property of the Government or Munlcipal Corporation, that question cannot be decided in a summary proceeding under Article 226 of the Constitution. In that view of the mattsr, 1 decline to entertain the writ pefition. The writ petition is accordingly dismissed, however, reserving liberty to the petitioner to workout lega! remedies before the iurisdictional CiviE Court. No costs. Sd/- Chief Justice Subbu