HIOH COURT OF CHHATTISGARH : BILASPUR Wnt Petitipp (C) No. 3570 <rf 2007 Pfctitioner Suresh Kuinar Sharma, S/o Late Nu'anjanlal Shanaa, aged about 45 years, occupation Labour, R/o Sarangarh Road, Kaidemuda, Raigarh (C.O.) Versus Respondent Municipal Corporation Raigarh, lihrough ite Coirunissioaer, Distt. Raigarh (C.Cr.) WRIT FTmON UNDER ARTICLE 226 OF THE CONSTrrUTION OF INDIA (SB: Hon'ble Shri Satish K. Agnihotri J.) Shri Amit Shanna, Advocate for tfae petitioner. Shri Paakaj Aganval, Advocate for the respondent. O R DE R foral) (Passcd on fhis 7fb day ofjuly, 2009) Hcaid. Leamed coiuasel appearing for fhe petitioner submits fhat ttie petitioner is a poor peisou and working as labour to makc both ends zneet. The pefitioncr bas been attotted patta and is in possession of the disputed property for the last 40 years. The petitioner would siiffer Mreparable loss, if without proper rehabilitation to Tiim, he is reaioved fiuni fhe disputed place wifhout giviag proper opportunlty. Leamed counsel fiufher subaiits fhat pursuaat to fhe nottee dated 29.5.2007 (Annexure P/1) the petitibner has submitted his reply to fhe aufhorities on 5.6.2007 (Aanexure P/3) but the respondent/autfaority has not taken any decision on the said reply. ' Learued couasel appeariag for the respoadent/CorporatiDa categoricaJty submits fhat ao steps for demolition shall be ^ 4. 5. 6. ^v 2-- takea before passing ofthe order on the reply submitted by tbe petitioner. The respondent/aufhority is directed to verify fhe &cts of Ifae case, as stated by learaed counsel appeanag for the petitioaer and in fhe event, it is found proved, fhe respondent/auttiorily inay take steps for proper rebabffitation offhe petitioaer before taking any further steps. Leamed counsel appearimg for fhe petitioner submits that ia view ofthe above-stated submissiou made by Icaraed counsel appearmg for the respondent, nothiag survives ia tfais laatter for fhe tune beiag, at this stage. In vicw of thc above, the writ petitfon is accoidmgly disposed of. No order asto costs. _——^- Satish K.Agnihotri . Judge ;, Thakur