^ ,: HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (227) N0. 6019/2011 Petitioner Plaintiff Respondent Defendant Versus Bharat Sangh (Railway) Through Varistha Mandal Abiyanta (Madhya) S.E.C.Railway, Bilaspur (C.G-). • Mohammad Salim Khan S/o Mohammad Siddhik Khan, Swamy Smart Hotel, Near Railway Station, Akaltara, Baloda Roa'd, Akaltara, Tahsil Janjgir, Distt. Janjgir Champa (C.G.). WRIT PETITION UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'bleMr. T.P.Sharma, J.) Present:- Shri R. M. Solapurkar, Advocate for the petitioner. Respondent not noticed. ORDER 2. 3. (Passedon 12/10/2011) By this petition under Article 227 of the Constitution of India petifioner has challenged thc' legality and propriety of the order dated 24/8/2011 passed by Civil Judge Class-I, Akaltara, District Janjgir-Champa in civil suit No. 18-A/2011 whereby application under Order 26 Rule 9 of the Civil Procedure Code, 1908 (in shorf 'the Code?). for local investigation by appomting Commissioner has been dismissed. Shri R.M. Solapurkar, Advocate for the petitioner is heard. Learned counsel for the petitioner submits that case relates to. boundary dispute and as per plaint of the petitioner, respondent has encroached the land owned by plaintiff therefore, only demarcation. by appointing Commissioner would be effective remedy. Order impugned, copy of application, copy of plaint and copy of written statement perused. The dispute relating to encroachment can be decided only by local investigation by appointing Commissioner and npt.by ocular % N ^,.Jf/ k ^< ,Y ^- evidence. While dismissing the application, trial Court has not considered aforesaid requirements and thereby - committed an illegality. In these circumstances, issuance of notice to opposite party or observance of procedural law would be only futile exercise. Consequently, petition is allowed. Order impugned is hereby quashed. Application filed before the trial Court as I.A. No. I is allowed. Trial Court shall appoint Commissioner for local investigation in accordance with Order 26 Rule 9 of the Code & Rules made their under and proceed in accordance with law. No order as to costs. 6. Interim application stands disposed of. Sd/- T.P. Sharma Judge