s ^-^ ^o ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) ^K> -(. ^.t-L°? WRIT PETITION/^NO:1 " 72006 PETITIONERS 1.. Firoz Gandhi General Secretary, Chhattisgarh Garib Futkar Vyapari Sangh S/o Late Shri S.T.Raja Aged about 3 8 years R/o Hayderi Imam Bada, Momin Para, Raipur (C.G.) Mohd. Shamim S/o Mohd. Yunus Aged about 36 years R/o Santoshi Nagar Raipur (C.G.) Kutub^uddin S/o Imamuddin R/o Nehru Nagar Raipur (C.G.) VERSUS RESPONDENTS f. 1. State of Chhattisgarh Through Secretary General Administration Deptt D.K.S. Bhawan, Raipur District Raipur (C.G.) 2. Collector Raipur (C.G.) 3. Commissioner Municipal Corporation Raipur (C.G.) ^O •*.*'/S?'^, ^:y"-"^^ WRIT PETITION UNDER ARTICLE 226 OF THE y-' CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE ... ]; A R N A \<??'t NATURE OF CERTIOR&RI, MANDAMUS, PROHIBITION AND FOR OTHER SUITABLE WRIT OR WRITS, ORDER OR ORDERS, DIRECTION OR DIRECTIONS II :i fs^"A..]4 HIGH COU&T OF CHHATTISGARH ATBILASPUR WRIT PETmON (C) No. 7472 of2006 PETmONER : Firoz Gandhi & Others. VERSUS RESPONDENTS : State ofChhattisgarh & Others. WRTTPETmONfQ No. 2463 of2009 PETmONER : PradeepNayak&Otfaers. VERSUS RESPONDENTS : State ofChhattisgarh & Others. WRTT PETITION UNDER ARTICLE 226 OF THE CONSTmjnON OF INDIA SB: Hon'ble Shri Satish K. AflsaBiotri, J. Presetrt: Smt. Fouzia Mirza, Advocate for the petitioners. Shri M.P.S.Bhatia, Deputy GovMmnent Advocatefgrthe State/respondent No. 1. Shri Sanjay K. Agrawal, Shri Sudeep Agrawal and Shri Kashif Shakeel, Advocates forthe respondent-Corporation. ORDERfORAL) (Passed on 17th day of August, 2010) 1. The petitioners, by the above petitions, seek a direction to ttie respundeuts, firstly to permit them to continue with Ifaeir business at the place they have occupied at Shastri Bazar Nukkad, Raipur, and secondly; to consider their cases for graut ofaltemate accommodation. 2. Leamed eounsel for the respondent-Corporation, submits fliat in fhe affidavit filed in W.P.(C) No. 2463 of 2009, tiie Corporatian has decided Ifaat ifthe petitioners make application fulfilling tiifi required conditions, they would be coasidered for allotment of kiosks/shops, within the mimicipal limits under the various welfare scheme, subject to availabUity, [ r . 5 ; !H ?; ? .<:^ ^y^^' ;r ..€' •'•"•• ^•^%i'- ^lf'f^ •w^3bi<*- •i. ^ fl '^i£r»«' '•w3^S!3;a~^ .:-fc-i -t w-^y i s in accordance with law. The same stand may be accepted on behalfofthe Corporation intheW.P.fC) No. 7472 of2006, also. 3. In view of the above subnrission made by leamed counsel for the respondent-Corporation, it is not necessary to adjudicate upon the case on merit about the rights of the parties. However, in Ifae light of the aforestated submission, if the petitioners make qylication to the respondent-Corporatioa, the same may be considered in aceordance with law and on its own merits. The respondent-Coqioration may eonsider granting preference to the petitioners, as aceording to them, they have been carrying on their businesses at Shastri Bazar Nukkad, Raipur, for the last seven years to make both ends meet. 4. With the aforesaid observation and direction, fhe ^wit petitions are disposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge Amit