ei^.^f^t CD IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETITION N0. 2-9t'3> /2005 ^ -<i»*x iETITIONER ^^^ <TV/^^y ,'f^yyr ^>-^'1^..^ .^••".^v^ ify^ *<<A^ '^' RESPONDENT Haroon Masih, aged about 56 years, s/o. Shri Heeralal Masih, r/o Ward No.5, " Opposite Talkies, Takhatpur, Distt. BilaspUr (C.G.) ^ERSUS Nagar Panchayat - Takhatpur, Distt. Bilaspur, through - Its Chief Executive Officer, Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA, XI-HC-22 an^r^r fewsn^r StlKlehufgd f" '! ^ 33T .<<|i|ld<4, ^tfld'Ko, Rldiuy 311^1 ^lslcp WVvil shW<h ••••-••••••••••••••y g^ 2005~ 3-IT^r5?(ITW^{?(f <hl<<fa<fl-l t1]i1rtTfff&A<r»l«^K ^isrf^wan^T 7-7.2W5 1 l-1eard Mr. AB Asgar, cour|sel for the petitioner. The petitioner has preferj'ed this wrtt p^ttion under Articte 226^27 of the Constitub'on of India, being |aggrieved by notice dated 1-7-200S passed by the Chief Executive Officer.jNagar Panchayat: Takhatpur, by which the Chief Executive Cfflcer has dir^cted the petitioner to remove eneroachment from Khasra No.474/1. I - The petitioner's claim is (hat he took ttie land in question whfeh is 6f the size of 16 x 10ft. on lease fl-om Christian Society, he constructed a shop and he is running the shop sm<j>othly. However, ttie respondent has issued the notice Annexure P-2 on the| ground that the said land belongs to Nagar Panchayat: Takhatpur, and the ||>etitioner is encroacher on the ^id land. From above facts it app^are that the petitioner has claimed that fand through the Christian Society, w^iereas, the Chtef Bcecufive Oflfeer has gh/en the nqtice Annexure P-2 on th|e ground that the satd tand betongs to the Nagar Panchayat. In view of t^e above disputed facts regarding titte of the land, this writ petiUon cannot b|e entertalned. However, the peUUoner is at liberiy to move appropriate ft^rum for redre^al of his yie\®nce. The respondent should not act upc^n Uie notioe Annexure P-2 for a period of seven days from today. WiUi the abwe obser|?ations and direcUon the petition ^ands disposed of, at ttie admission stege itself. Consequently, M.(W.)P^o.242812WS and I.A.No.5725/2008 ateo stand disposed of. Certified copy today. Sd/- L.C. Bhadoo (qr®?T84^