^5 ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. Writ Petition (P.I.U No. 721 of 2008 PETITJQNERS 1. Om Prakash Gupta, aged 46 years, son of Shri Sangam Lat Gupta, 2. Sudhanshu Haldhar, aged 56 years, son of late Shri Phani Bhushan Hatdar, Both are residents of village Belgahna, tehsil Kota, district Bilaspur (Chhattisgarh) RESPONDENTS Versus 1. State of Chhattisgarh, Through the Secretary, School Education, Raipur 2. The District Collector, Bilaspur (C.G.) 3. The Gram Panchayat Belgahna, tehsil Kota, district Bilaspur (C.G.). throughrthe Secretary. 4. The President, Jan Bhagidari Samiti, Belgahna, tehsil Kota, district Bllaspur Writ Petltion (Publtc Interest Litiaation) under Article 226 ofthe ConstitutiQn of India Present: Shri Somnath Verma, learned counsel forthe petitioners. Shri Sumesh Bajaj, learned Government Advocate for respondents No. 1 & 2/State. Shri P.P. Sahu, learned counsel for respondent No.4. ORDER (22nd July, 2008) /f^ v ^ ^h The following order of the Court was passed by Rajeev Gupta, CJ. Learned counsel forthe parties are heard. 2. The petitioners have filed this writ petition styled as 'Public Interest Litigation' forthe following reliefs: "7.1 that, the respondents may kindly be directed to submit the entire records as regards the petitioner's ease. 7.2 that, the Respondent no.1 to 2 may kindly be directed to protect the schoo! premises, play ground and garden reserved for the Government Primary School, Belgahna. 7.3 that the Respondent no.3 and 4 may kindly be prohibited for constructing shopping complex on the piay ground and garden or in the school premises of viiiage Belgahna. 7.4 This Hon'ble Court may further be pleased to pass any order or issue any suitable writ as this Hon'ble Court may deem flt under the circumstances of the case including the cost of the petition." 3. The. petltioners are aggrieved of the proposed construction of the shops by respondent No.4 within the School premises of Government Primary School, Belgahna, District Bilaspur. 4. On a bare perusal of Annexure P-2, it becomes apparent that the Naib Tehsildar, Belgahna, is looking into the matter and for the said purpose notice was issued to respondent No.4. 5. In view of the above factual scenario prevailing in the matter, we are of the opinion that it would be appropriate for the petitioners ^^^3^^^ .•/^. "^ i:1 '^ay' "^ ^ '^^'" '^^^?^^" to participate in the proceedings pending before the Naib Tehsildar, Belgahna in the matter. 6. With the above observation, the writ petition stands disposed of. 7. The security amount of Rs.5,000/- deposited by the petitioners be refunded to them. Ibbu Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge