MUNICIPAL CORPORATION Vs. MANDAKIM RAM

JUDGEMENT

(1.) BEING aggrieved with the order dated 1st of May, 2009 passed in a batch of 55 writ petitions by the learned single Judge of this Court, the Municipal Corporation, Raipur (Respondent No. 1 in the writ petitions, hereinafter referred to as 'the Corporation') has preferred these writ appeals.

(2.) THE facts, briefly stated, are as under:

(3.) MR. Agrawal would further submit that the private Respondents/Petitioners had claimed in their writ petitions to dispose of the same in terms of the order dated 29.03.2007 passed in W.P. (C) No. 257/2007 Deepak Kumar Shrivastava v. Municipal Corporation and Anr. but the same cannot be done because in case of Deepak Kumar Shrivastava (supra), the ownership of the land was admitted and he was issued a notice Under Section 305(1) of the Act, 1956, whereas in the present cases the ownership of the private Respondents/Petitioners were not admitted by the Corporation and they were served with notices Under Section 322/323 of the Act, 1956, treating them as encroachers. Therefore, the writ petitions filed by the private Respondents/Petitioners were liable to be dismissed.