t-' ^^ \^>^ IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR W.P^O. ^-0/200^^ Petitioner Bajranglal Agarwal, A^d about ^^^ J ^^^f^'..^ 53jye£lrs^/°Maturain Agarwal, ^•<<^^ " PaLer M/s Ooni^ ^^^ 'o^!'. \^v Af<'->' IMED COP^ ^ Pa^tner M/s Gopiram Matiiram (Kerosene Oil) Kerosene OU Dealer, a regiotered partnership firm at Sarangarh road, near RaUway Crossing Raigarh, Dist: Raigarh-(C.G.) Relspondents Versus : ^ 1. South Eastem Unionoflndia Through The Secretary Railways, Railbhawan, Ndw DelN, The Divisional Railway ManagCT, Central Raitwsy, /4. Bilaspur-(C.G.) The Estate Officer South Eastem Cenjtral RaUws^ EstateOffice,^last?ur-(C<(3-.) The Collector, Raigai-h-(C.G.) j l:l 11 A- ;1 '•': ':i i1^i' i!iil7/' II I/ (^) WRITPETmONUNDE^ ARTICI^226_OFTHE CONSTrTUTIONOFINDIAPORISSUANCEOFWmnN NATURE QF MANDAMUS / GERTIORARI AND / OR FOR ORDERSINNATtijREOFWRrTS, I; ^l 1 IIii: XI-HC-78 *11+1^1 «»*ll<;h 3'^r rqMi<nq, ^Tfi^li$, ts«ni^y ^^ 4v} *<° {. .<< .). .<(»&/ 0.)* ^ 200 @) 3ii^i Msicn (<^rf3g^r) 3TI^T^T^i<=h cTSrT3n^T5h^i<=h II B^rTW^cT^n^T Gbi^tcn41Ti ^i^cnT^te^t^^K ^^rf^T^n^T 11.1.2007 Shri Kishore Bhaduri learned) Counsel for the petitioner. Shri Vinay Harit learned Sr. (pounsel with Shri N.K. Shrivastava for respondents 1 to 4. This petition is directed aga|nst the order of annexure P-1 passed by the Estate Officer under sub s|ection (1) of Section 5 of The Public Premises (Eviction of Unauthorize41 Occupants) Act, 1971 (for short the Act of 1971) whereby a notice has| cause as to why the unauthorized been issued to the petitioner to show |structure existing on the Raitway land should not-be removed. After affording opportunity of hearing to the petitioner the Estate Officer directe<P the petitioner to hand over the vacant possession of the said plot within| 15 days from communication of the order failing which they shall be l|able for eviction from the said ptot, if needbe, by use of force. Learned counsel for the petit| comply with the order of the Estat^ Officer unless he is permitted by the Collector to shift his tank and for tt before the Collector and also filed oner submits that the petitioner cannot e said pyrpose. The petitioner applied a writ petition to issue No Objection Certificate for shifting the tank an|d in the aforesaid circumstancesthe petitioner has sought a relief to the ^ffect that the Railways be directed not tp imptement th^ order impugned|till the disposal of. Writ Petition No. 6947/2006 filed by the petitioner. t|e submits that the above petition has been disposed of with a direction t<\ for No Objection Certificate within the Collector to decide his application ^ period of two weeks from 2.1.2007. He further submits that the respor|dents are bent upon to dismantle the o. XI-HC-78 ^ti+idi a»*iiq» 3:^'r<1NICl*l, (S>^<1<1?, (s|dW^< ^.^c^),.43y,^^ 2ft0 t?r?N^ ((i^3g^) '^)Tf^TW cT^ 3TT^T ^TF ^^ a/ ?^TTW:^f?cf^n^rr tank containing kerosene with the| circumstances, effect and operation stayed till the disposal of the above Admittedly the impugned or<| Officer way back on 24.11.2006 whi of 1971. Petitioner had a remed^ impugnedunderActof1971 howev writ petition. The prayer in the petit impugned order be stayed till the di; disposed of as per admission of the | In these circumstances this instant petition is not maintainab|l alternative remedy and secondly become infructuous and that petitio^ of on 2.1.2006. Apprehension of t^ upon to dismantle the tank without +l^?d^ ^l^dT^'fe^ <fa^l< ^3Tf^T3:n^]- use of force and in the aforesaid |of the order impugned deserves to be ^etit}on. ler has been passed by the Estate |e exercising jurisdiction underthe Act of filing appeal against the order fer, instead of that he chose to file this |on is that effect and operation of the ^posal of the writ petition which stands betitioner on2.1.2007. pourt is of the opinion that firstly the |le on the ground of availability of [the prayer in this petition :has also i.e. 6947/2006 also stands disposed ie petitioner that the Collector is bent complying with the directions of the High Court may be dealt with in apftopriate proceedings by the petitioner. Sd/- Dhirendra Mishra Judge P.T.O. /\