IN THE mGHCQURTpF .1UDIGATIJRE CHHATTISGABH ATBILASFUR W.P.NO. ^^-G^ /2Q05 PETITIONER RESPONDENTS ^ o ^...••'v~>..s- ^A^'^-""^ 1. .-^p"" vv' .fSV:iv\c^:^'' '^^^ ^s^^ • ^2. ^3. ^ ^ Shri P.K. Joseph S/o Late KJoseph, Agedabout79years,Residentof HouseNo. C-14, Sector 1, Shankar nagar colony,Raipur. (C.G.) Vs. State ofCUhattisgarh Through secretary, DepartmentofAcconBnodation& Enviromnent D.K.S. Bhawaa ,Mantialaya, Raipur (C.G.) Competent officer, CUiattisgarli Housing board, Shankar nagar, Circle Raipur. (C.G.) Estate Manager, Chhattisgarh Housmg board, E.M. Zone, Sharikar nagar, Raipur(C.G.) ^ WRTT PETTTION UNDER ARTICLE226/ 227 OT'EHE CONSTmjTION OE INDIAFOR ISSUANCE OF WRITrSIIN THE NATURE 0F MANDA&^S .eERI3DRARIAND/OiR<:My Rrsy AND/OR DIRECTIONrSVIN TEIE1STATIJREOFWRTFS. ^ HIGH COURT OF CHHATTISGARH AT BILASPUR SINGLEBENCH : HON'BLE MR. SATISHK. AGNIHOTRI. J. SKaiUafe yv9SS '•«• Petitioner WRIT PETITION N0.5262 OF 2005 Shri P.K. Joseph versus Respondents : State of Chhattisgarh and others Present : Mr. Ashok PaUI, cpunsel for ttie petitioner. Mr. Arun Sao, Govemmeht Advocate for respondent No.l/State. Mr. Sanjay Patel, counsel for respondente No.2 and 3. ORDER (Passed on 22"° of November, 2006) The petitioner has filed thispetition impugning the order dated 19-9-2005 (Annexure P-1), whereby the Chhattisgarh Housing Board has demanded a sum of Rs.1,28.486/- as due from him for purehase of the house under the Higher Purehase ^reement. The petitioner has further sought for calcylatien of the actoat value of the house in que^on as per cireular dated 12-4-19^ passed by the Chief Engineerofthe Housing Board. 2. After hearinglearned counsel appearing forthe partes.tt was pointed out that there is a provision for aBemative efflcacious remedy of statutory appeal available to fte peUtioner as prescribed VsWssa ^ 9^ !y1 under Section 57 of the Chhatt'sgarh Griha Nirman Mandal Adhiniyam, 1972 (henceforth 'the Adhinlyam of 1972'). 3. The petitioner is basicady doubUng the cafculation made bythe Housing Board. The petih'oner may very Well prefer'an appeal before the State Govemment against the demand order dated 19-9- 2005 (Annexure P-1) issued by the Chhattisgarh Housing Board. In view of the availabitity of more efReacious remedy of appeal under Section 57 of the Adhiniyam of 1972, ttiis pedtion is not rTiaintainable. 4. The petition is accordingly dismissed as not maintainable. However, liberty is reserved to the petitioner to tatce appropriate steps under appropriate provisions of taw as prescribed in e Adhiniyam of 1972. The order of this Court dated 6-^-2006, granflng stetus quo, as it obtained on that date, shall remaln in force for a pertod of two weeks from today. No order as to coste. Sd/- Satish K. Agnihotri Judge Gopai;