WRIT PETITION (C) NO. pg Lg§f / 20 10 PETITIONER RESPONDENTS Chhattisgarh Housing Board, Through— its Executive Engineer, Divison—l, Kabir Nagar, Raipur, Distt.— Rajpur [c.G.] VERSUS 4» 1.State Secretary, of Chhattisgarh Through- Department, D;K.S.Bhawan, Raipur, Distt.— Raipur [C.G.] cr‘ 2. Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 Collectorate, Rajpur, Distt.- Raipur [C.G.] 3. Ba‘bu lal S/o Bishal R/o P.H.no. Distt.— Revenue WRIT PETITION UNDER ARTICLE 226 OF THE ONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT, ORDER OR DIRECTIONS 104, Danganiya, Rajpur [C.G.] Raipur, / IN THE HIGH COURT OF JUDICATURE AT BILASPUR [C.G_.1 C §GH CCDURT OF CHHAT?§$GARH : BELAS?UR f/ WRIT PETIT!GN (C‘; NG. 7285 OF 231% C$§1att§sgarh Housing Beara‘ Versus RESPQNDENTS Siaie of Chha’ttisgarh & Ofthea's u (W?it Peiitign ander Amae 225 of the Cons’citution of india) Eingi‘e Bench : Hon’bie Shri Satisi‘. K. Agmhotri, J. @esent :— Si'm $anjay Patei, Advocate for the petitioner. Shri V.V.S.Mooi’thy, Dy. Advocate Generai for the State. ;\ GREY-LR (ORAL) (Passed on this 24‘“ day of August, 201 1} teamed counee! appearing tor the petitioner submits that under provisions of Urban Lané {Ceiting & Regulation) Act. 1§76, which was iatter repeeieci, the possession of the iand in dispute was taken over by the State Government as being eurptus iand and thereafter, it was handee over to the petitioner Board, The petitioner has aiready raised Some constructions aiso. The impugned order dated 243.12.2w3 was paseed without e fording an opportunity of hearing to tne eetitioner. Being aggrieved. the petitioner hae fried the instant petitton on the ground that the adverse order passed against the petitioner is not just and proper, as being vioiative of basic principies oi natur igustiee. Shit Moortn‘y, teamed Dy. AG. appearing tor the Statei respondents Not & 2 submits that the matter may be remitted back to the oompetent authority to afford an opportunity of hearing to the petitioner and pass the appropriate order in accordance with iaw. i a View of the above submission, according to the learned oounsei appearing for the peti 'oner..nolthing survives for adjudication in this ease. 4. Aocordingiy, the impugned order dated 29.12.2003 is quashed. The matter is remitted back to the'competent authority to consider and pass a fresh order after affording proper opportunity of hearing to aii the parties in accordance with the law and on its own merits. Ln As a resuit. the writ petition is disposed of. No order asto costs. V i i ‘ Sd/- ’Satish K. Agnihotri Judge ashok H