^v^" T r^ o fc' XN THE HICM COURT GF CHHATTCSGABH AT BILASPUR PETITIONER: VEBSUS RESPONI^NTS: J® ^ .--•y ^"f^ tp^ /^f ^n^ ^' ?^*\ <^^v» ..,1^^^' . ^^^•}'' ^vy ^T ^^"" ^ Writ PetltioR N<^Ro^-/2001 Shri Bheshaj Kamar Tiwariy S/o Late Marali Mancfear Tiwari aged 43 years, R/o Gld Irriga-fcion Coloiiy, Tehsil & Dist-^g Janjgir. State of Chhattisgaih, Throagh the Collector, Janjgir Chaapa ^ The Corapeten-fc Aathority (MtI^Lok Parisar Bedakhali Adbiniyaa, 1974)/ Sub-Divisioaal Officer, Janjgir 3» Triasildar» Janjgir ^t Patsyail, Jaojgir MRIT PETTTEON tJBJQER ARTTCLE 096/9-77 OF THE CGiMSTTTOTTON OFJMOA. ..A__A_A- XI-HC-22 ^^[^f f^ira'STit^T 9?RNT^fin ^~^ ^qiqj^q^ '^'Tf^FT^, Writ Petitioa NO» 1207/2001 •'M' ^p 'f^^T' ^riN 21/9/2001 Heard Shri Utkarsh petltioner and Shri Deep V^rma^ learned ooansel for the .. learned PL for State, O R Ke^harwaM E R writ petitioxser was sougMt Court below^ the petitioner •^j^i-qt'r •qFR:H ^ ft^zt TfN^?T< ^" ^i^ 3TT^1' The petltioner was aUotteda GGversiment Quarter about 6 years ago» Tbe writ peti^ioner isa Clerk serving in fehe Irrigation Department^ Aft^r stx years of occapatioxi of tfae said building allofcted to b^m by tfae Coinpetent Authorlty, the to be evicted frora the said quar<m ter on the groand that he o^ns his private residence at Janjgir^ According to Shri Deep Kesh^rwanX» sorae eogu.Lry was made by Patwari anda ccor<3i>ng to th^ eoquiry report available in the C3W08 a private residence^ On the other hand, Ex.P/6 - the ce^ifle&te issued by the Municlpal Councildated 2/3/2001 cert^fies fchat the wcit petitioner ^ does not ©wnany bouse in t^at area» It appears that these two eertificates can not bef.h be true» On 31/7/2001 learned to obtain JLnstructio^s and 14/8/2001 for coosideration as'regards the building in GoverHinent Advocate was alla^ed the inatter Was to be listed on It was ordered that Atatas quo [uestion should be maintained until ..2 [Tft~&'^fe4 •3JT^' ^T f^W^TT^T w^. ^m^T 3Tfi!^T ^T5T^R ( ^f^ST^T ) 5TT^I ^<H^R ^TI • • <- ^ • *<=hNKVl41T1 ^TR^ff ^ 'feT?t Tf^HpR ^r ^ri^r w^i the next date of hearing. j On 16/8/2001 the matter was again adjourned on 23/8/2^ Jto contjlnue. On 28/8/200 3j jinterim order would contixj 101 and the interim order was also it was erdered that the ^ue till the next date of hearing^ The factual positi^n of the ho^se in qxxestion if that though the writ petirij.oner is not at the moment oecum pying as he was evicted bs| locking the doors of the house^ but personal goods belong4a9 to the writ petitioner are stJLll kept insicte the hou^ maodation is acute everywt-j be kept unoccupied^ At ttjie same ttme^ in view of tta§ two documents I have referre^ to above^ clearly there is a ' dispute as fo wheAher the J_ • In my vxew the r&eed of aoco<" ^ere^ No Governmentqaarter may petitioner owns prlvate re^ldentia]. building at <7anjgir<» Thi4 fact must be properly esiquired into by the Competent Aut^ority and only when it is found conclusively that the pet^tioner has indeed his private residence^ the Canpetent 4ut40rity can ta^@ appropriate action as regards the ent^tlement of the writ petitioner^ I^ therefore, dire^t that the Canpetent Officer shoald. enqulre into the m4itter and pass necessary order® Let fehe Collector do the ijieedful^ It is contended by learned counsel for the p^titioner that infact evexi assuming the petitioner h^s his private residence he can oniy^e charged s^ent and ^here is no law by which he could bave been evicted on the ^round that foe owas bis pcivate GRPRJ—FS/311—1/2001 —50.000. .,3 XI-HC-22 31T^F^T fq-lt^ rsnr* UB"^T ^^PT^T^, '^=ftaTI^, [^<ni^^< ^LV '^?IT^ '^fN lying inside the quarter in '-^1^^ r^7^i ^ fe^t TfN^T< ^" S.T^OT <?I?^T •< 3 house^ It is for the Compe|fcent Autbority to decide the matter on merit and by spea^irig order^ Let it be done as early as possjtole preferabl^ withixi 3 weeks fraoa the date of receipt o£ this order^ ^Ance it is xiot dlspated so far fehat personal goods belongitig to the petitioner are still question^ in my viewg, even on humanitasian grounds the pe^itioner should be allowed to stay in the house instead of keeping it un-occupied until further orders by the Compe^ent Authority<. Let the doors which the Competent Authorlty order and let tfaewrit aad continue to stay <^' tjiave been locked b^ opened by on receipt^ of this enter into tbe &a'Mehiouse matter is finally disposed of imm^diately peti4ioner llhe by th@ Coiapetent Authority<» With these aforesaid the petition is disposed of d^servations and directions^ Sd/- Chief Justice [qti?^fe^r / ^••"^