C4fl§9o//, 3 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (C) NO. £Q( OF 2009 / PETITIONER l. Pradeep Nayak, S/o Shri Neeraj Nayak, Aged about 36 years, R/o Ashwani Nagar, Raipur, ‘Chandrashekhar Nagar, Raiur (CG) p / . 2. S/o Shri Abdul Rahim Aged about 58 years, R/o Near Kota Masjid, Raipur, Distt. Raipur (CG) 3./ S/o Shri N. Naik, Aged about 40 years, R/o Ashwani Nagar, Raipur, Chandrashekhar Nagar, Raipur (CG) 4. Aged about 22 years, R/o Nehru Nagar, Raipur Distt. Raipur (CG) / Mohd. Habib, S/o Late Shri Mohd. Aslam, Aged about 23 years, R/o Gulshan Apartment, Raja Talab, Raipur (CG) . Chandulal Jalkshatri, S/o Shri Bisahuram Jalkshatri, aged about A35 years, R/o Santoshi Nagar, Eadanand School, Raipur (CG) f Jahir Daad Khan, S/o Bashir Daad Khan, Aged about 5O 'yea'rs, R/o Nehru Nagar, Raipur (CG) /‘ Mohd. Wahid Bhai, S/o Mohd. Ismail Bhai, Aged about 42 years, R/o Baijnath Para, Raipur (CG) §Fgmw *gmgh Kalim Bhai, Jagat Naik, Salamuddin, S/o Mainuddin, (v at: S/o Sheikh Rasool, Aged about 33 years, R/o Mathpuraina, Imam Nagar, Raipur (CG) 9. Sheikh Ismail, 10. Abrar Hussain, S/o Mustafa Hussain, Aged about 34 years, R/o Lalta Chowk, Badaipanz Raipur (CG) Aged about 28 years, R/o Handi para, Shivnagar, Raipur (CG) l. State of Chhattisarh, Through Secretary,‘ Town Planning' and Development Department, DKS Bhawan, Mantralaya, Raipur (CG) 2. Collector, District Raipuir (CG) 3. ‘V “NaydFwvom’nm'kqwur ommiss1oner, Wnqwgr Municipal Raipur (CG) Corporation, Pmrr‘rrrrrrw: "a“...i g ll. Mohd. Jasin, S/o Mohd. Nasim Aged about 25 years, R/o Santoshi Nagar, Raipur (CG) 12. Mohd. Javed, S/o Nawab Fazil, Aged about 42 years, R/o 'Baijnath para, Raipur (CG) l3. Shaukat, S/o Shri Tauseef, @ ‘ HIGH COERT OF CHHAITISGARH A'l‘ BILASPUR WRIT PETITION (C) N0. 7472 01‘2006 : Firoz Gandhi & Others; VERSUS RESPONDENTS : State of Chhattisgarh & Others. WRIT PETITION (C) No. 2463 of 2009 : Pradeep Nayak & Others. VERSUS RESPONDENTS z State ofChhattisgarh & Others. PETITION ER WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: fion’ble Shri Satish K. Agnihon'i, J. Present: Smt. Fouzia Mina, Advocate for the petitioners. Shri MIP.S.Bhatia, Deputy Government Advocate for the State/respondent No. 1. Shri Sanjay K. Agrawal, Shri Sudeep Agrawal and Shri Kashif Shakeel, Advocates for the respondent~Corporation. ORDER ORAL (Passed on 17 day of August, 2010) l. The petitioners. by the above petitions, seek a direction to the respondents, tirstly to permit them to continue with their business at the place they have occupied at Shastri Baiar Nukkad, Raipur, and secondly; to consider their cases for grant of alternate accommodation. 2. Learned counsel for the respondent-Corporation submits that in the attidavit filed in W.P.(C) Not 2463 of 2009, the Corporation has decided that if the petitioners make application fulfiiling the required conditions, they would be‘considered for allotment of kiosks/shops, within the munidipal‘limits under the various welfare scheme, subject to availability, R)x in accordance Wléh law. The same stand may be acceptad on behalf of'the Corporation in the W.P.(C) N0. 7472 01‘2006, also. .In View of the above submission made by learned counsel for the respondent-Corporation, it is not necessaiy to adjudicate upon the case on merit about the rights of the parties. However, in the light of the aforestated submission, if the petitioners make application to the respondent-Corporation, the same may be considered in accordance with law and on its own merits. The respondent-Corporation may consider granting'preference to the petitioners. as according to them, they have been canying 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, the writ petitions are disposed of. No order asto costs. :1 i Sci/- g Satish K. Agnihotri f Judge l“? Amit