w^:^s^ ^'^*§'S?S'i^l'%^ S^SS&iW^^ HIGH COURT OF JUDICATURE CHHATTISGARH iBJLASPUR SINGLE BENCH : HON'BLE SHR1 S.R. NAYAK, C.J. WRIT PET1TION N0.190 OF 2006 ./ 1. t R M.A. Shafique Ahmad, Aged about 43 years, S/o Abdul Wahid, R/o Rajatalab, Raipur. Shop No.1, 2 &3 M.S. Rafique Ahmad, Aged about 42 years, S/o Abdu! Wahid, R/o Raipur. Shop No.4 & 5. M. Ashfaque, Aged about 40 years, S/o Abdul Wahid, R/o indravati Colony, Raipur. Shop No.S & 7. Mohammad A!i, Aged about 49 years, Si'o Subhan A!i, Ri'o Raipur. Shop No.8. Sanjay Upveja, Aged about 35 years, S/o P.L. Upveja, R/o Raipur. Aarif Manjur Khan, Aged about 31 years, S/o Sattar Khan, R/o Nayapara, Raipur. Shop No.10. Amarjit Chhabra, Aged about 48 years, S/o. Pyare Lai Ch'nabra, R/o. No.11. Pramod Singh, Aged about 45 yeate, S/o. Shri Bhagat Singh, R/o. Shivnagar Handipara, Raipur. Shop No.12. Mohan Singh, Aged about 39 years, S/o. Shri Manohar Singh, R/o. Shiv nagar, Handipara, Raipur. ShopNo.13. Ajay Pratap Singh, Aged about years, S/o. Shri B'nanu Pratap Singh, Rto. Motibagh, Raipur. Shop Mn 1A l'<i</. i i"t, Ganpati Shastri, aged abotrt 52 years, S/o. S. Venkatram, R/o. Katora Talab, Raipur. Shop No. 15 ")%s'^^^^"s!i - •2-- 13. R K.K. Chaudhari, Aged about 45 years, S/o. H.S. Chaudhari, R/o. Sudhapara, Raipur, Shop No.16 & 17. Anand Sahu, Aged about 32 years, S/o. Shri Bharat Lai Sahu, R/o. Fuichawk, Raipur. Shop No.18. Vidya Dongre, Aged about 36 years, S/o. Hariram Dongre, R/o. No.19. Santosh KumarSahu, As 22 years, S/o. Shi-i Bharat Sahu, R/o. Futehawk, Rai| 16. Mohammad Rais, Aged about 3C years, S/o. Masit Ul!a, R<'o. Maudhapara, Raipur. Shop No.23. 17. Kamal Kishore Rawat, Aged aboui 33 years, S/o. Gore Rawat, R/o. No.24. i.L. Gurjar, Aged about 32 years, S/o. Shri Mangi Laljl Gurjar, R!o. Sh'vnagar, Raipur. Shop No. 25 1. Municipal Corporation, Raipur, Through: the Commissioner, Municipa! Corporation. 2. The Revenue Officer, Municipal t^Corporation, Raipur (C.G). The Town Planner, Municipa! Corporation, Raipur (C.G.). Shri Ashok Soni, iearned counsel for the petitioners. Shri H.B. Agrawal, learned Sr. Advocate with Shri Panka] Agrawa!, iearned counsel forthe respondenVMunicipa! Corporation. \ ..— •^' -3 058 ^ (Passed onSth February, 2006) The petitioner 18 in numbers claiming to be hawkers and that they eke out their iivelihood as cart-pullers and residing in small hutments constructed by the respondent Municipal Authorities on the boundary of Motibagh, Raipur, on lease basis for a term of 10 years and apprehendinj that the respondent ^4unicipa! Corporation would evict them from ments forthe purpose of road-widening have approached this Court by way of this writ petition seeking the Court's inter/ention. !n response to notice, Shri H.B. Agrawal, iearned Sr. counse! appeared respondent/Municipa! Corporation and on the basis of a letter written by the Commissioner of the Munlcipal Corporation, Raipur dated 21.01 .2006, submitted that there is no thinking right now oh the part of the K4unicipa! Corporation to evict the petitioners from the hutments leased to them and if there is any need in future for the area covered by the hutments, necessai'y steps wou!d be taken on!y after issuing notice to the petitioners. This undertaking given to the Court is placed on record and the same shall form part of the record. A copy of the ietter dated 21.01.2006 of the Commissioner, Municipa! Corporation, Raipur pteced before the Court by Shri H.B. Agrawal, is ateo piaced on record and that also shail form oart ofthe rec.ord. (2) In view of the above undertaking, there is no necessity to keep this writ petition pending. !n that view of the matter, the writ petition is disposed of in terms of the above undertaklrtg given to the Court on behaif of the respondents/Municipa! Corporation, Raipur. No costs. Sd/- Chief Justice