HIGHCOURT OF CHHATnSGARH : BILASPUR Wnt Petition (C) No. 3572 of 2007 Petitioner ¥• Dilip Singh, S/o Lalaa Singh, aged about 40 years, occupation Business, R/o Sarai^arh Road, Kaidemuda, Raigarh(C.G.) Versus Respondent Miuucipal Corporation Raigarh, through its Conuaissioner, Distt. Radgarh(C,G.) WRFT PTmON UNDER ARTICLE 226 OFTHE CONSTrTUTION OFINDIA (SB: Honlsle Shri Satish K. Agnihotri J.) Shd Ainit Shanaa, Advocate for the petitioncr. Shri J. K. Gupta, Advocate for tfae respondent. O R D ER foiafl (Passed on fhis 8at day ofjuly, 2009) Heard. Leamed coiinscl appeam^ for tfae petitioner submits fhat the petitioner is a poor person and workmg as a smafl busiaeasman to inake bofh eiids meet. The petitioner has been aUotted patta and is in possessiou of fhe disputed propcrty for the last 30 years. The petitfoDer would siiflFer irreparable loss, if without proper rehabiUtation to him, he is removed frois. fhe disputed place wifhout gmr^ proper opportiurity. Leamed counsel further submits fhat pursuaat to fhe notice dated 29.5.2007 (Annexiu-e P/1) the petitioner has subiaitted his rcply to the authorities on 5.6.2007 (Annexure P/3) but the respondent/authority bas not taken auy decision on the said reply. Learaed counsel appeanng for fhe respondent/Corponation categoricaUy subnuts that no steps for demoUtion shall be tafeen before passing of the order on the reply submitted by fhe petitioner. s^ •ii? ^- v^^/' i."?lSS?''" 4. 5. 6. r- -2-^ The respondent/authority is directed to verify fhc facts of the case, as stated by learaed counsel appearing for thc petitioner and ia the event, it is found proved, fhe respoadent/aufhority niay take steps for proper rehabilitation of the petitioner befoie taking any furthersteps. Learaed coui^el appearu^ for the petitioiier subnuts that ia view of fhe above-stated subinission made by leamed counsel appearing for the respondent, nothing sundves in this inatter for the tiiae being, at tihis stage. In view of the above, the writ petition 1s accordingly disposed of. No order asto costs. Satish K.Agnihotri - Judge ., j Thakur ^- .-di>y?~J;