COURT OF JUDICATURE AT BILASPUR, CHHATTISGARH BENCH: HON'BLE SHR! S.R. NAYAK.CJ. Preetam Das. S/o Duia Aged about 48 years, R/o Chakarbhata, Ram fi^- r\ \ ^l->.uj V; 1. 2. State of C-hhattisgarh Through its Secrstary Department of Housing and Invironment Mantraiaya, DKS Bhawan, Raipur (C.G.) Municipal Corporation, Through its Commissioner ilaspur (C.G.) Present: Mr. R. Pradhan, iearned counsel for the petitioner. Mr, Utkarsha Verma, learned Dy. GA., for the State Mr. A.S. Kachchawaha, iearned counsei forthe Mi Corporation. ORAL ORDES >>ff (Passed on 12'" January, 2006) This writ petition is preferred under Article 226 of the Constitution of India against the notsce issusd by the Municipa! Corporation, Bilaspur, the second respondent hsrein, caillng upon the petitioner herein to remove the unauthorized construction made on co.rridor within three days from the date of receipt of the notice. Of •courss, in the writ petition, it is asserted by the petitioner that the altegation made against him by the second respondent is not corrsct. Opposing the writ petition, the second respondent has filed a detaiiec repi'y in which It is specificaiiy averred that the petitioner has h u6 - 2. encroached upon the corridor space and put up construction iitegaily. What emerges from fhe pieadings fiSed in this case is the factuai controversy. The controversy brought before the Court cannot be resoived oniy on the basis of affidavlts and counter - affldavtts. in orde.r to grant the relief and in order to resotve the factuai controversy, it becomes imperative for the Court to undertake the fact-finding and the fact finding is not possible without permitting the parties to lead evidence and tender witnesses for cross-sxamination by each other. In that view of the matter, 1 am not inelined to entertain this writ pefition. The writ petition is, therefore, dismissed, however, reserving iiberty to the petitioner to work out his legal remedies by instituting sult before the jurlsdlctional civll Court. Ail the contentions raised by the are !eft ooen to be aaitated before the civit Court. No costs. Sd/- Chief Justice ^^[^^^'^ 'sw i'lS^S' :i^^^^ k