<^ F ^.^ S^z)/-^^^^3 f—— IN THS HON'BLE CHHASTISGARH HIGH Q3URT AT BlLASprjR W.P. No. 2.3T2g /2001. Petitioners /' - (^ SHEIKH TSWAIL S/o SHETKH BAHADAR .\y' eged 60 years^ Shop Keeper^ Plot No.8 514, Indira Market, DURQ (C.G.) •^ -\ ../ //>x'' •• .f/X^^' yyy 7-'^ovl ^ ^' ^' ^' . y ^ \ s\:f (2) ASIF KHAN S/0 TAYYAB KHAN, aged 26 years^ Shop Keeper Plot No» E-15^ Indlra Market, DTJRG CC.G.') . (3) AMIR KHAN aged 45 years, son of Sheikh B'nal,, resident of Takiyapara, Durg, is.hsil end District DURG. VERSUS. Respondents Munici pa1 Corpora tl on ^ Through The Commlssioner, Munici p&1 Cor por ati on ^ DTJRG < WRIT PETITION UNDER ARTICLE 226/227 OP THE CONSTI1TJTION OP 11'TDIA . ^^-: XI-HC-2.2 ^??^T^r ^w^3i?§^. ^^w^t?^ ', j ^^[ ^rrai^p?, ^€^TTr^,IN^TR?^ 3n^r 'q^w __..^:.£.^.S':..^:.sr.^/>^Y "^ 200 ^IHW^TW^ 'i^^r ^I^T I^T^R'^rfi^ ^Nfer^ ^1^if "^ ^1^ Tp»l^!< ^^f^iN^? 8/1/2002 Heard Shri N.L. Shriva^tuva, tearned cousnsel for the petstioners, The petitiorsers are in pos^ession of respective pbts of lands and theyare running shops for |"he iast about 20 yeGrs.It is aiso stated that ©amestmoney has |)een deposited in respect of those piots of loinds of shops, Th^y are also ready to deposit 2% superyision charges^ It is cejntended that if the respondents calcuiate the actual amount petitioners are ready to pay an^ respectiye shops, According to iof 2% supervision charges, the proceed with constructipn of their learned counsei for the petitioners, the respondents are taking stepjs to evict. It appears that there is no positive step that has been ^ken so far to evict the petitioners though an apprehension has fc}@@n expressed at the bar today. Further, I arrs of the opinion -fhat if eviction becomes necessary, the respondents can do so only by fo!lowing procedure laid down in this regard, At the same timejn my view, it is for the respondents to consider if the prayer of fhe writ petitioners that after 2% supervision charges are deposi+ed whether they can bepermitted to start the construction. Two courses are now open to the z.. [tfr^'^§;: ~F \. 'W^^I <<3|<»(f*^^ ) ^?^"'^1 i^ti^ ^^? s82*^"^ifea afi^j ^t^Ei^&< ^a^m ciiRfa41"t *fi*i<A ^lfe^ <fa^i< ^^FctN^i^r respondents. One is to petitioners to ailow them to and to construct the respe^ eviction otherwise ' becomes i^ be given opportunity of bein^ can be carried out only in due ail reieyant procedures !dd For the reasons stated of. Certified copy as per ru! a&cei doBAn xept the prayer of the writ deposit 2% supervision charges tiye shops and the other is jf ccessary, the petitioners Wuid ?ther words eviction process of law by'going thro^n in this regard. above, the petition is disposed ^s. Sd/- Chief Justice RSNR JRPm—r3%/.-^720Gi—.Lo^oo-