°^^^^s^^^^;! HIGH COURT OF JUDICATURE CHHATTOQAIW : BILASPUR SINGLE BENCH: Hon'ble Shri SK Na^ik, CJ ^ WRIT reTmON No. 208 OF 2<N»6 PETITIONER RESPONDENTS Versus 1. 2. 3. 4. 5. 6. Rambahadur Singh, Aged about 74 yeare, S/o. Lsrte Chandreshdrar Pratap Singh, R/o. Dhaurupur, District Surgiqa (CG) Stats (tfChhatlisgarh, Through: Collector, Ambikapur, Suiguja (C.G.) Municipal Corporation, Ambikapur, Through: Commissioner, Ambikapur, Distt. Surguja.(C.G.) The Chief ExecuUve OfBcer, Municipal Corporatkm, AmMkapur, District Surguja (C.G) Assistant Engineer, Municipal Corporatton, Ambikapur, District Surguja (CG) S.D.O. Ambikapur, Disfaict Surguja (CG) Director, Town & Countoy Planning, Raipur, Distt. Raipur (CG) Present: Mr. Manp) Pranjpe, teamed counsel tw the petlUoner. Mr. Utkarsh Verma, leamed Dy. GA for the State. Mr. B.D. Guru, teamed counset ftff Municipal Corporafion, Ambikapur. ORALORaER (Passed on 16tn of January, 2006) The peUttoner being aggrteved by the notice dated 10.01.2006 issued by the Asst. Engineer, Municipal CorporaUon, Ambikapur, Dist Surguja, 4 respondent herein, has filed this writ petitfoner uncter ^ticles n ' t • -SL' •T\-' ^ 226/227 of ConstituUon of tndia. By the impugned noUce, ttw petiUoner has been called upon to remove the unauthorized consfructfon alleged to have been made by the peUBoner in contraventon of the provistons of SecUons 322 and 323 <rf ttie Chhsrttlsgarh Municlpal Corporatkan Act, 1956 ffor short the Act'). To the impugned nofice, as could b®seen from paragraph 5.6, the petiUoner submUed his representatkwi/reply marked as Annexure P/5 on 12.01.2006. tt Is stated that the 4** respondent Is yet to considwthe represertation ofth®peUtioner. (2) Since ttie issue broight before tt»e Court relates to ctomain of the facts, 1 think that the ends ofjush'ce would be met by directing the 4 respondent to conskler the representaUon/reply cf the petittoner (Annexure-P/5) in the flrst instance b^ore taking any coercive step envisaged under ttie Act. However, it is made ctear Vnat W utCmately Vw order that may be made by the 4 respondent aganst the peUUoner goes against him, he shall work out his legal remedies before the JurisdicUonal civit Court by insUtuting a suit. (3) In the resutt, 1 dispose of this vwit prtKton direding Ihe 4 respondent and ofter respondents not to take any coerdve deps; to demolish atleged iltegal construcUon said to have been made by ttie pefiUoner before the 4* respondent consicters the representaflon of the prttioner dated 12.01^006 and passes approprtato oidera. There shall be no order as to costs. Sd/- The ChiefJustice &7<AJie.sk