TS) •».B.ft> s- oc&ii'Kl BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.l WRITPETITION (C)NO. ^1^3 / 2011 PETITIONER ^ /^.ri^-"^ 0(.^-"^ ..•-'".^" ..--^ ^''..j!wl ./^^' ^y'^^' JE^NONDENTS Vijay Mittal, S/o. Shri Banarsi Das, Aged about. 59 years, R/o. w^' .. „. . . Patthalgoan'^ Lailunga, District, "^igarh (C.G.). VERSUS 1. State of Chhattisgarh, through the Secretary Revenue Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) ^' 2. Nagar Panchayat, Lailunga, District - Raigarh, (C.G.) ^" 3. Collector, Raigarh (C.G.) WRIT PETITION UNDER ARTICLES 226 OF THE CONSITUTIQlj OF INDIA PETITIONER RESPONDENTS HIGM COURT OF CHMATTISGARH : BILASPUR WRIT PETITIQN (C) N0. 7183 OF2011 Vij'ay Mittal Versus State of Chhattisgarh & Others (Writ Petition under Article 226 ofthe Constitution of India) Single Bench : Mon'ble Shri Satish K. Agnihotri, J. Present:- Shri Saurabh Dangi, Advocate for the petitioner. Shri V.V.S.Murthy, Dy. Advocate General for the Statewith Shri Arun Sao, Government Advocate for the State. Shri C.P. Shrivastava, Chief IVIunicipal Officer, Nagar PanGhayat, Lailunga, District Raigarh, is also present. ORDER (Passed on this 01st day of December, 2011) 1. Heard learned counsel forthe parties. 2. At the very outset Shri Murthy, learned Dy. Advocate General appearing with Shri Arun Sao, Govt. Advooate, on instructions by the Chief Municipal Officer, Nagar Panchayat, Lailunga, who is presentin fhe Court, submits that the impugned notice of demolition dated 25.11.2011, which without affording an opportunity of hearing, was issued for demolition of the alleged unauthorized construction, has been withdrawn by subsequent notice dated 26.11 .2011. Acopy of the said notice is taken on record. 3. In view of the above, according to the learned counsel appearing for the petitioner, nothing survives in this petition for adjudication. 4. Accordingly, the writ petitioh is disposed of. However, the Nagar Panchayat will not take any acfion without affording proper opportunity of hearing to the person concerned. The Nagar Panchayat may also decide the question of authorized or unauthorized structure, as the same is in dispute, before passing the order, after considering the cases of the p6'rsons concerned. ___ I -~— - ;;1 SdA SarishK.Agnihotri Judge ashoK