»".'». ^FSS |?s ^•e_ss._I [Ks 1. ^ Premnarayan irs, vianv Somveer Gupte, S/o Gupta, Aged about 3£ Nagar Biiaspur (C.G-) Gajanand Agrawal S/o Late Kedamath Agrawal, aged 31 years R/o Vidhya Nagar Bilaspur (C.G.) IWi 2. State of Chhattisgarh Through its Secretary Department of Housing and Environment Mantralaya, DKS Bhawan, Raipur (C.G.) Municipai Corporation, Through its Commissioner iilaspur (C.G.) Mr. R. Pradhan, learned counsei for the petitioners. Mr. Utkarsha Verma, learned Dy. G.A., for the State. Mr. A.S. Kachchawaha, leamed counsei for the Municij (Passsd on 12th January, 2006) This writ petition is preferred under Article 226 of the Constitutlon of India against the notice issued by the Municipal Corporatton, Biiaspur, the second respondent herein, cailing upon the petftloners herein to remove the unauthorized construction of comdor passage within three days from the date of receipt of the notice. Of course, in the writ petitlon, it is by the petitioners that the aliegation made against them bv ths second respondent ss not correcS. Opposing th®writ petition the second respondent has filed a detailed ~2-- repfy In which it is specificai!y averred that the petitioners have encroached upon the corridor space and put up construction iilegally. What emerges from ihe pteadings filed in this is the controversy. The controversy brought before the Court cannot be resolved only on the basls of affldavits and counter - affidavits. In order to grant the relief and in order to resolve the factual eontroversy, it becomes imperative for the Court to undertake the fact-finding and the ract finding is not possible without permltting the parties to lead evidence and tender witnesses for cross-examination bv each other. in that vtew of the matter, i am nof incl.'ned So entenain this writ petjtlon, The writ petlfion is, therefore, dismissed, however, reserving jiberty to fche petlttoners to work out their iegai.remedies by snstituting a su!t before the jurisdictional civil Court. AS! the contentions raised by the parties are left open to be agitated before the civil Court. No cosfs. Sd/- Chief Justice ^^-Y