1N THE HIGH COURT OF cmAmsaARH AT BlLAspUR WRIT PETITION (C) No.7 3M : OF 2010 BETWEEN E Narendra Dave S/O Shri R.D. Dave, aged about 55 years, Proprietor Little Huts Ice—cream Parlor, Anupam Garden, Raipur R/o Tatyapara, Raipur, Disu‘ict Raipur (CG) PETITIONER AND / 1. State of Chhatu'sgarh, through the Secretary, Nagariya Prashaean and Development Department, D.K.S.' Bhawan, Raipur (CG). 2. /Municipal Corporation .Raipur, through l Commissioner, Raipur (CG). 1 /,, Zone Commissioner, Sub Division No.5, Municipal orporation Raipur (CG). RS ESPONDENT WRIT PETITION U/A 226 OF THE CON$1TITUTION OF INDIA ‘ C w' \o\‘ (N9 HIGH COURT OF CHHATI'ISGARH : BILASPUR (Writ Petition under Article 226 of the Constitution of lndia) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Awadh Tripathi, Advocate for the petitioner. Shri D.K. Gwalre, Govt. Advocate for the State. Shri H.B. Agrawal, Sr. Advocate with Shri Pankaj Agrawai, Advocate for the respondents No.2 & 3. ORDER (ORAL) (Passed on this 10‘“ day of December, 2010) Heard learned counsel for the parties. v At the very outset, Shri Agrawal, learned senior counsel appearing for the respondents No.2 & 3/Municipai Corporation, Raipur, submits that the removal of the Ice Cream Shop in question is necessary on account of beautification of the garden. He further submits that the respondent Corporation has decided to rehabilitate the petitioner at some other place in response to the application made by the petitioner (Annexure — P/5). Shri Tripathi, learned counsel appearing for the petitioner, submits that before removing the petitioner within 24 hours by the impugned notice/order dated 9-12—2010 (Annexure — P/1), the petitioner was entitled to show cause notice. Even now/the petitioner may‘ be granted 7 days time to submit his response and on receipt of the same, the authorities may take a decision in accordance with law. 4. In view of foregoing, nothing remains in this petition for adjudication. However, no demolition shall take‘place without considering the representation of the petitioner, which is to be filed by the petitioner within a period of 7 days from today. Accordingly, the writ petition is dispose of. Certified copy today. Sd/- Satish K. Agnihotri Judge Gowri w WRIT PETITION (C) No.7321 OF 2010 PETITIONER Narendra Dave ”\ Versus RESPONDENTS State of Chhattisgarh & Others