r HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (Art 2271 0. 3874/2011 PBTITIONER/ PLAINTIFF RBSPOMDBNT/ DBFENDANT VERSUS Indrajit Soni, aged about 43 years, S/o Radhelal R/o Rataapur, TahsU Kota, Distt. Bilaspur (C.G.). Ra&que AIi, S/o Late Hamid AM, fhrough Onkar Baad Party, Thaaa Road Ratanpur, Tahsil Kota, Distt. Bilaspur (C.G.). £ WRIT PBTITION UNDER ARTICLB 227 OF THB CONSTITUTION OF INDIA. (8B :Hon»bleM».T.P.Shaarma. J.) Present:- Shri Ramakant Pandey, Advocate for the petitioner. Respondenit not noticed. ORAL- ORDBR (Passedon 20/07/2011) 1. By ffais petition under Article 227 of ftie Coastitution of India petitioner has challenged the legalily and propriety ofthe order dated 22/6/2011 passed by the Civil Jude Class -II, Kota, District Bilaspur (C.G.). ia Civil Suit No. 100- A/2007 whereby leamed Civil Jude Class -II, Kota, District Bilaspur (C.G.). has disinissed fhe appUcation for aiaendxnent ia plabit relatmg to additional groimd for eviction, 2, Learaed coiinsel for fhe petitioner is heard. 3. Copy ofthe plaiat perused, 4. As per plamt aUegation open land has been given on lease.to respondent In case of open land which is not acconuoaodation in. accoidanice with C,G. Accommodation Control Act, 1961, PIabitiff is not required to plead and pr<»f the ground for eviction simpUciter valid tenmnation of lease and claiDa for recoveiy of possession is sufficient for recoveiy of possession, Consequenfly, without further comments petition is liable to be dismissed and is hereby dismissed. 5. I.A. No. 01 is also dismissed. No order as to costs. Sd/- T.P. Sharma Judge ^