IN THE HIGH COURT OF JUDICATURE AT BILASPUR. (Writ Petition No. ^-3.S^^ of 2003.) .•* ^•^ •^s^'- »•• -i^€\*^' ^A>.<<' ..^-5^" ft®w •^ PETITIONER; / L. Mirajuddin, aged about 38 years son of Shri Sirajuddin, residentof Durg, Shop- Keeper, Indira Market, Durg. Versus '^ESPONDENT:- 1,-Municipal Corporation, Durg. •••^ 2. Commissioner, Municipai Corporation, Durg. <-"w y PETITION UNDER ARTICLES 226 and 227 OF THE CONSTITUTION OF INDIAQ' HIGH COURT OF JUDICATURB CHHATH8GARH: BILA8PUR Sin^e Beach: Honyble SIuri Satish K. Agniliotari, J. W. P.Bo. 735 of 2003 Petitioner : Mirajuddin Vcrsus Respondent : Mumcipal Corpoiation, Durg & anofh.er Snit Fouzia Micza, Advocate for fhe petitioner. Miss Shanxula Smghai, Advocate for fhe rcspondente. ORDBR (28th Nwember, 2006) 1, The petitioner has filed this petition uader Article 226/227 offhe Constitation of Indm seekiag a direcfion to fhe respondente to coastnict a shop on the place, fhe petitioner was workiag aad aUot the same to the petitioner. 2, The respondent/CorporaLtion in its repty made a concession and submitted as under:- " 12. REPLY AS TO PARA SJd) It is true fhat fhe offer was also made to fhe petitioner, but the petitk>xier has refused to take shop ia fhe prescnbed place. It is subxaitted fhat fhe petitbiier has coiitended m his reply fhat proposcd place is unsuitable for petitioner's business, As matter of fact, one Hotel namely Agiuwal Mishfhaa Bhandar is also nianiag m firont of the place, whrch was offered to fhe petitioner, fherefore, it is wrongly contended by hiai fhat fhe proposed place is uiisuitable for fhe shop of hotel purpose- It is not Thakur possible for the Corporation to attot fhe shop to fhe {Mstitioner where he had encroached fhe area, because it m fhe main entraace of Indira Market.J? 3. In view of the categorical submission inade by fhe respondeiit/Corporation m its retum, fhe matter needs no adjudication wifh regaid to the right of the petitioner or ofherrerise, The petition staads disposed ofwifh a directioa fhat fhe petitioner shafl be offered fhe shop at a place, m front of Agarwal Mistibaa Bhandar, as submiitted by fhL€ respondent/Corporation(supra). No order as to costs. Sd/- Satish K. Agnihotri Judge