;3'^ ;3^ 1 'J/ -,rf>'^ :S3^ y\- ,-.-l 10 U'}1 : -::--::-^.$:^c'^1^ Gowri PETITIONER HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION N0.282 OF 2001 Lalta Prasad, S/o Late Sri Ramnath, age 78 years, R/o Ram Bharosa Hotel, Arang Bus Stand, Arang, Tah. Arang, Dist. Raipur RESPONDENTS Versus Municipal Council, Arang, through Chief Municipa! Officer, lyiunicipa! Corporation, Arang, Arang, Raipur (CG). 2-, Commissioner, Commisstonsr, (CG). Raipur, office nf Raipur Divisson, Raipur 3. State of Chhattisgarh, through Secretary, Revenue Department, State of Chhattisgarh, Raipur (CQ). (Writ petition under Articles 226 and 227 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Mano] Paranjape, counsel for the petitioner. Shri Shashank Thakur, counsel for the respondent No.1. Shri Vinay HarH, Dy. Adv. General for the State. ORAL ORDER (Passed on this 23"' day of September, 2008) Learned counsel appearing for the petitioner submits that in view of the averment made by the respondent No.l/Municipal Council, Arang, District Raipur, in para 2 of ite return, nothing survives for adjudication. Para 2 of the return dated 18-4-2001 filed bythe respondent No.1 reads as under : "2. That the petitioner is guilty of conceaiing material faots as a!so submitting mis-statement facte in as much as the Munteipal Council has no plan to demolish the stnicture during the validity of the lease granted to the petitioner, however jf the tease granted to him is cancelied by the appropriate authority, the Municipal Council shall take action in accordance with law." 2) The respondent No.1 has cleariy stated that there is no plan 1o demolish the structure during the validity of the lease granted to the petitioner and in ihe event lease granted is cancelted, action shall be taken in aceordance wiih iaw. 3) According to Shri Paranjape, the lease granted in favour of the petitioner is stil! subsisting, therefore, at this stage, the grievance of the petitioner does not survive for adjudication. 4) in view of the foregoing, the petition stands disposed^of. Sd/- Satish K. Agaihotri Judge