IK CP IN THE HON'BLE HIGH COURT OF C.G. AT BILASPUR (C.G.) W.P. (C) No. <^^^S OF 2009 PETITIONERS ^ /./ / / ^y// ^/^/. >^L^ / ^/wh' gg^/ Bhuneshwar S/o. Shivshankar, aged about- 32 years, Pan Shop, R/o. Subhash Nagar, Nandini Road, Bhilai, District- Durg (C.G.) 2.' Nasim S/o. Abdul Rashid, aged about- 35 years, Hotel Shop, R/o. Sharda Para, Camp-II, Bhilai, District- Durg (C.G.) 3." Durga Prasad Soni S/o. Ullas Soni, aged about- 48 years, Hotel Shop, R/o. Sharda Para, Camp- II, Bhilai, District- Durg (C.G.) ^" 4. Darshan Lal Mochi S/o. Ramsingh Mochi, aged ab^ut 35 years, Shoe Shop R/o. Ghasidas Nagar, Jamun, Bhilai, District- Durg (C.G.) ^" 5. Rameshwar Prasad S/o. Kriparam, aged about- 50 years, Tailor Shop, R/o. Sharda Para, Camp-II, Bhilai, District- Durg (C.G.) v^^ 6. Sewa Ram Sen S/o. Ratan Lal Sen, aged about- 30 years, Sellon shop, R/o. Laxmi Nagar, Supela, Bhilai, District- Durg (C.G.) ^ 7. Shatmghan Sen S/o. Ratanlal Sen, aged about 25 years, Sellon shop, R/o. Sharda Para, Camp- II, Bhilai, District- Durg (C.G.) ^ 8. Ramesh Kumar Lonarkar S/o. Ramji Lonarkar, aged about" 30 years, R/o. Sharda Para, CaiTip- II, Bhilai, District- Durg (C.G.) 9. Shekh Sameer S/o. Shekh Zameel, aged about 28 years, Occupation- Scooter Mechanic, R/o. Shardapara, Camp-II, v o Bhilai, District- Durg (C.G.) 10. Zahra Begum W/o. Abid Khan, aged about 32 years, Occupation- Cycle Shop, R/o. Santoshi Nagar, Camp-II, Bhilai, District- Durg (C.G.) 11. Govind Prasad Mochi S/o. Panna Lal Mochi, aged about- 35 years, Occupation- Shoe shop, R/o. Ghasidas Nagar, Jamun, Bhilai, District- Durg (C.G.) 12. Rakesh Pandey S/o. Prabhunath Pandey, aged about 25 years, Occupation- Cap & Goggles shop, R/o. near Khursipar Fish Market, Bhilai, District- Durg (C.G.) 13. Kalawati Dubey W/o. Surya Lal, aged about- 35 years, Occupation- Chat shop, R/o. Camp-I, Near Basant Talkies, Bhilai, District-Durg (C.G.) 14. Umashankar S/o. Shivshankar Prasad, aged about- 53 years, Occupation- Pan shop, R/o. Subhash Nagar, Nandini Road, Bhilai, District- Durg (C.G.) ^^" 15. Radheshyam S/o. Manirain Bhogade, aged about 25 years, Occupation- Pan shop, R/o. Bairagi Mohalla, Bhilai, District- Durg (C.G.) 16. Sufala Devi W/o. Rajkumar Lala, aged about- 25 years, Occupation- Tea stall , R/o. Bairagi Mohalla, Bhilai, District- Durg (C.G.) •^•r 17. Krishna S/o. Laxman Prasad, aged about- 21 years, Occupation- Pan shop, R/o. Milan Chowk, Camp-II, Bhilai, District-Durg (C.G.) 18. Satish Thosar S/o. Laxman Thosar, aged about 30 years, J ^-" \ 2^ 19. 20." 22 ^' 23. 24. 25. as^"" 26. Occupation- Hotel Shop, R/o. Sector- 4, Bhilai, District- Durg (C.G.) Shamshad Begum W/o. Shamsher Ali, aged about 30 years, Occupation- Readymade shop, R/o. Zone-II, Sector- 11, Bhilai, District- Durg (C.G.) Shamsher Ali S/o. Kayyum Khan, aged about- 23 years, Occupation- Readymade Shop, R/o. Near New Basant Talkies, Bhilai, District- Durg (C.G.) Aslam Ali S/o. Ravi Ahm.ad, aged about- 25 years, Occupation- Readymade shop, R/o. Sector- 11, Zone-II, Bhilai, District- Durg (C.G.) Sapna Goswami W/o. Sujit Goswami, aged about- 35 years, Occupation- Readymade Shop, R/o. Sector- 11, Zone-I, Bhilai, District- Durg (C.G.) Sujjal Bahaduri S/o. Bachchu Bahaduri, aged about- 30 years, Occupation- Readymade Shop, R/o. Sector- 11, Zone-II, Kuhrshipar, Bhilai, District- Durg (C.G.) Prakash Mochi S/o. Basori Mochi, aged about- 27 years, Occupation- Shoe Shop, R/o. Santosh pat, Camp-2, Bhilai, District- Durg (C.G.) Ramprasad Singh S/o. Kapil Dev Singh, aged about- 50 years, Occupation- Pan Shop, R/o. in front of ITI, Bhilai, District- Durg (C.G.) Santosh Kumar Soni S/o. Nehru Soni, aged about 28 years, Occupation- Goggles Shop, R/o. near Uttam Talkies, Bhilai, District- Durg (C.G.) ^l ® 27. Baldev Verma S/o. Nandkishore Verma, aged about- 35 years, Optical Shop, R/o.- near Uttam Talkies, Bhilai, District- Durg (C.G.) 28. Deepchand Kesharwani S/o. Mithai Lal, aged about- 28 years, Kulfi shop, R/o. Old Fish Market, Camp-2, Bhilai, District- Durg (C.G.) 29. Sukhdev Mochi S/o. Babulal, aged about- 45 years,^0 Shoe Shop,-^^ ^>tot^ Koi^e., fik4*,' 3"0. Harjeet Singh S/o. Attar Singh, aged about- 45 years, Furniture Shop, R/o. Behind Dena Bank, Nandini Road, Bhilai, District- Durg (C.G.) 31. Rajkumari W/o. Balram, aged about 30 years, Shoe Shop, R/o. Behind Dena Bank, Nandinin Road, Bhilai, District- Durg (C.G.) 32. Smt. Kiran W/o. Shyam Dewangan, aged about- 35 years, Pan Shop, R/o. Bhilai, District- Durg (C.G.) 33. Jagannath S/o. Ramchandra, aged about- 35 years, Pan Shop, R/o. Shardapat, Camp-2, Bhilai, District- Durg (C.G.) isss^ 34. Dhanwati Bai W/o. late Jagdev Mochi, aged about- 32 years, Shoe Shop, R/o. Behind Dena Bank, Nandini Road, Bhilai, , District- Durg (C.G.) p.gss*5" 35. Razia Begum W/o. Munir Alim, aged about -30 years, Readymade Shop, R/o. Bhilai-3, District- Durg (C.G.) 36. Zahid Khan S/o. Latif Khan, aged about- 26 years, Cycle Store, R/o. Bapu Nagar, Bhilai, 2.^ District- Durg (C.G.) 37. Smt. Vina Urkure W/o. Sanjay Urkure, aged about- 30 years, Milk Shop, R/o. Circular Market, Bhilai, District- Durg (C.G.) 38. Chandrakant Gupta S/o. late Nand Kishore Gupta, aged about- 35 years, Juice Shop, R/o. Sector-II, Bhilai, District- Durg (C.G.) 39. Bhojraj Mochi S/o. Ramsingh Mochi, aged about- 35 years, Shoe Shop, R/o. near Netaji Transport, G. Road, Bhilai, District- Durg (C.G.) VERSUS RESPONDENTS ^- : 1." State of Chhattisgarh Through- The Secretary, Urban Development Department, D.K.S. Bhawan, Raipur (C.G.) 2. ~ Collector, Durg, District- Durg (C.G.) ^^---- 3. Municipal Corporation Bhilai, through- The, Commissioner, District- Durg (C.G.) ^..... 4. Administrative Officer, Zone-III, Mother Teresa Nagar, Municipal Corporation, Bhilai District- Durg (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA l^ HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) N0.2333 OF 2009 PETITIONERS Bhuneshwar & Others RESPONDENTS Versus State of Chhattisgarh & Others (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Prateek Sharma, Advocate for the petitioners. Shri Arun Sao, Govt. Advocate for the State. Shri H.B. Agrawal, Sr. Advocate with Shri Pankaj Agrawal, Advocate for the respondents No.3 & 4. ORDER (Passed on this 20th day of October, 2011) 1. Heard learned counsel for the parties. 2. By this petition, the petitioners seek to challenge the legality and validity of the notices dated 2-5-2009 (Annexure ~ P/1) passed by the respondent Corporation. 3. At the very outset, Shri H.B. Agrawal, learned senior counsel appearing with Shri Pankaj Agrawal, leamed counsel for the respondent Corporation, submits that the impugned notices dated 2-5-2009 (Annexure - P/1) will not be acted upon before affording an opportunity of hearing to the petitioners. Thus, liberty may be granted to the Corporation to withdraw the impugned notices and issue show cause notices to the petitioners, in accordance with law, and pass final orders thereafter. 4. In view of the above, since the impugned notices have been withdrawn, the respondent Corporation may pass a detailed order, in accordance with law and on its own merits, after affording proper opportunity of hearing to the petitioners. No action shalt be taken before passing the final order, as aforestated. 5. In view of the above, according to the learned counsel appearing forthe petitioners nothing survives in this petition for adjudication. 6. Accordingly, the writ petition is disposed of. Gowri Sd/- Satish K. Agnihotri Judge