HiGH COURTOF CHHAmSGARH : BiLASPUR WRrr PETITION N0, 246 of 20)6 PETlTiONER Harieet Singh, S/o Shri i-1armendra Singh, aged about 30 years, Occupation Business, R/o Jeet Boot House, indra Market, SakSi, Tahsi! Champa, District Janjgir-Champa (CG). Versus -^imcSMacaiff" l. RESPONDENTS 1. The State of Chhattisaarh, Commissioner, Chhattisgarh, Raipur 2. The Muniapai Council, Sakii, through Chief Municipal Officer, SVIunicipal Councii, Sakti, District Janjgir-Champa (CG). 3. Kanhaiya La!, S/o Roop Chandra Kripiani, resident of 10/6, Javjeet Line, Behind Lilly o,•^- ^Vrit petition under Articie 226/227 ofthe Constitution of india) Singie Bench : Hon'bte Shri Satish K. Agnihotri, J. SVIr. Awadh Tripathi, oounsel for the petitloner. Mr. Amn Sao, Goyt. Adv. for the Stats/respondents No.1 & 2. Mr. P.K. Patel, oounsei for the respondenl No.3. ORDER (ORAL) (Passed on this 1 day of Ju!y, 2009) Heard learned counsei for the parties. 2) Lease deed in respect of shop No.S situated aS indsra Martot, Sakti, District Janjgir-Chsmpa, has been executed by the Municipai Counoil in favour of the petitioner on 27-6-2005 (Annexure - P/4) and possession theraof was aiso handed over to the petitioner. Without assigning any reason or without affording an opportunity of hearing to the petitioner, the iease daed was cancelled by an order dated 26-9-2005 (Annexure - P/7). Afier canceiiation of tease deed vicie-letter dated 28-9-2005 (Annexure - P/8) a notice was fesued to the pelitioner to submit response. No order has been passed on the nottoe. 3) Under the ciroumstances, without expressing any opinion on the merits of the case, as according to the learned counsel for the NIunicipal Councit, the petitioner shail be afforded proper opportunity of hearing before any order ia passed on lease deed dated 27-6-2005, the impugned order datsd 26-9-2005 (Annexure - P/7) is quashed as beins iiiegai on the ground that principles of natural justioe and fair play in action was not followed. However, iiberty is reserved to the Municipal CounciS to take further steps pursuam to the nottee dated 28-9-2005 (Annexure - P.'8). The petitioner, if so advised, may fite his repiy to the notice dated 28-9-2005 (Annexure - P/S) within ^ period of Uiree weeks. 4) WiSh the aforesaid observations and directions the petition stands disposed of. Sdf- S.K. Agnihotri .iudge ^./ ^ fe 1 "' U m