'^s:^ ^.T^'^T^''* ^- •.'•JO J 2. HSGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITiON (C} N0. 2059 OF 2008 Dr. S.A. Khan. son of Mohammad Khan. aged about 62 years, resident of Astha Bhavan, Opposite to Gurudvrara, Station Road, Durg, Chhattisgarh. Versus 1. Municipai Corporation, Durg, fhrough its Commissioner, Municipa! Corporation, Durg, Durg. 2. Bhavan Adhskafi, Municipa! Corporation, Durg, Chhattisgarh. Wni oetition under Articie 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihofri, J. Shri T.K. Tiwari, counse! for Shri Amrito Das, Panei RESPONDENTS Shri Sanjay K. Agrawa! and for the respondent No.2. fortheState. Shri Saurabh Sharma, counset ORDER (ORAU (Passed on this 15th day of Juty, 2009) Heard !eamed counsel for the parties. Challenge • in this petition is to the notices dated 2-7-2(X)7 (Annexure - P/5) and 18-1-2008 (Annexure - P/7) whereby ths oetitioner was directed to remove the structure and handover the possession of the property admeasuring 942.50 sq.ft. under th®< ownership of the petitioner to the Municipa! Corporation. Shri Agrawal, learned counsel appearing for the respondent No.2, on the basis of averment made in para 5 of the retum dated 3-5-2008, submits that possession of the petitlon scheduie !and under the ownership of the petitioner shall not be taten without foiiowing due process of lav/. Accordingiy, the Collector has been requested by the respondent/Corporation for acquisition of the said !and of the Detitioner in accordance with the Drovisions of the Land Acauisition Act. Thus. no action is being taken pursuant to the notices dated 2-7-2007 (Annexure - P/5) and 18-1-2008 (Annexure - P/7) befors acquisition of the land in accordance with Uie provisions of the Land Acquisition Act. !n view of foregoing, according to the learned counsei appearing for the petitioner nothing remains in this v/rit petition for adjudication. Accordingly, the writ petition stands disposed of. Sd/- SatishK. Judge itri