®l HieH COURT OF CHHATTISGARH: BILASPUR Writ Petition No. 1239 of 2001 Pstitioner P. Tirki, S/o. Simon Tirta', age 46 years, Additiona! Tahsiidar, Dalli-Rajhara, Distt. Durg (CG), R/o. Qr. No. 251-A/2A, Dalii Rajhara, Tah. Baiod, Distt. Durg (C-G). Vsrsys Respondents 1. Asstt. Estate Officer, Office of Estate Officer's, Bh.'te! Stse! P'ant, Da!!s Rajhara, Tah. Baiod, Distt. Durg (CG). 2. Dy. General Manager (Mines), Bhiiai Stse! Piani, Daiii Rajhara, Tah. Balod, Distt. Durg (CG). 3. Bhiiai Stee! Piant, through Managing Director, tepat Bhawan, Bhilai, Dsifrict Durg (CG). (Writ Petition under Articte 226 of Constitution of India) SB: Hon'ble Mr. Satish K. Agnihotri, J. Present: Shri Ashok Das Vaishnav with Shri Sameer Sahu, eounse! tha petitioner. Shri V.R. Tiwari. counsel forthe respondents. jPassed on this 30 h day of September, 2008) y thi's petition under Articte 226 of the Constitution of India, the seeks the foilowing reiiefs. To issue a writ or direction in the nature of certiorari which may be issued by this Court to quash the iilegai, arbitrary and unreasonabie. a. Notice/order datsd 20-3-2001 (Annexure P/7) b. Notice/order dated 28-6-2001 (Annexure P/9) & c. Nottee dated 16-8-200) (Annexure P/2) issued by the resoondents" tffi Raiu 2) The petitioner, thus, in substance is seeking quashing of Annexures P/-2, P/7& P/9, wliereby the respondents ordered for enhancement of rent, cancellation of ailotment and disconnection of electricity, respectively. 3) A bare perusa! of the averments in the writ petition reveais that the petitioner's entire claim in the vwit petition is based on the ciisputed questions of facts, which cannot be gone into in ihe writ proceedlngs under Article 226 of the Constitution of india as the parties would be required to tead evidence in support of their rival claims. 4) in view of the foregoing, 1 am not inciined to entertain the writ petition in sxercise of discretionary jurisdiction undsr ArUcls 226 of the Constitution of !ndia with the iiberty to the petitioner to avail the remedies which may be availabie to the petitioner under the relevant provssions of law, before the appropriate civii court. 5. With the above liberty, the writ petition stands disposed of. Consequently, interim order passed earlier shalj stand discharged and the pending applications, if any, also stand disoosed of. ^'A^^ ^^•1 5^ saosllw&y