^ HIGH COURT OF CHHAmSGARH AT BILASPUR WRIT PBTITIOW ( 2271 No. S616/2011 PBTITIONBR PLAINTIFF VERSUS RBSPONDBNT DBFBNDANT Maaohar Trivedi, aged about 47 (PTesently 51) years, son of Late Babulal Tnvedi, R/o Khadyarbada, Budhapara, Raipur, Tahsil aad Distt. Raipiir (C.G.). Hargoviad Das Khadiya, aged about 72 years, son of Late Teekamdas Khadiya, R/o Khadiya Niwas, Sayee Nagar, Raipur, TahsU euad Distt. Raipur (C.G.). WRIT PBTITION UNDBR ARTICLB 227 OP THB CONSTITUTION OP INDIA. (SB :Hon?ble Mr. T.P.Sharma, J.) Present:- Shri A.N. Bhakta, Advocate for the petitioner. Respondent not noticed, ORDBR 2. 3. 5. 6. (Passedoa 21/09/2011) By ttiis petitton under Article 227 of the Constitatbn of India petitioner has chaUenged ftie legaUty aad propriely of the order dated 15/9/2011 passed by Second CivU Judge, Class-1, Raipur (C.G.) m civU suit No. 8A/2008. Order impugned and ofher docunients perused. As per claim of ftie petitioner respondent is niakiag construction of his house ia violation of fhe raap approved by fhe Municipal Corporation aad makiag his construction ovet public road fherefore Municipal Corporation is necessary party but Court below has disinissed fhe application for ioipleadiag Municipal Corporation as necessary party. After soiae argumient, leamed counsel for titie petitioner subniits that he seeks to withdraw fhis petition wifh Uberty to avafl reniedy before fhe proper Forum includuig remiedy avaUable under the Code of Cniniaal Procedure, 1973 relatmg to pubUc nuisaace. Prayer allowed. Consequently, petition is dismissed as withdrawa wifh aforesaid Uberty. No order as to costs. Sd/- T.P. Sharma Judge ^l-