«• HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRISUNIL KUMARSINHA, J. WRIT PETITION (PIU No. 1163 of2009 PETITJONER: RESPONDENTS Ramnivas Tiwari, Aged about 58 years, S/o Late Shri Ramsharan Tiwari, Profession Cultivation, Social Service Aakash Chhaya, Pendra P.0. Pendra, Tahal Gaurela, District Bilaspur (C.G.) VERSUS 1. State of Chhattisgarh, Through Secretary, Department of Health Mantralaya, D K S Bhawan, Raipur CG 2. Director, Department of H^lth Purana Nursingh Hostel, Mantralaya Parisar, Raipur, CG 3. Chief Medical & Health Officer, Bilaspur Ameri Road Shanti Nagar, Bilaspur CG 4. District Malaria Officer, Composite Building, Room No 22, Bilaspur CG 5. Cpllector/District Programme Co- ordinator, Malaria, Bilaspur, CG 6. Shri Dhananjay Dewangan, Additional Collector, Bilaspur WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTiON OF 1NDIA Present: Shri Salim Kazl, learnedcounsei forthe petitioner. Shri N.K. Agrawal, leamed Deputy Advocate General for the State/ respondents No. 1 to 5. ORDER ith (28m February, 2009) The following order of the Court was passed Rajeev Gupta, C.J.; Learned counset for the parties are heard on admission. •Ft!?»«S:_' 2. Petitioner Ramnivas Tiwari claiming himself to be a Social Worker has filed this writ petition styled as 'Public Interest Litigation' for the following reliefs : "i. The petitioner most respectfully prays to this Hon'ble Court to direct the Central Bureau of Investigation to take over the matter for investigation into spray of expired DDT and the officiate found guilty should be prosecuted. ii. The petitioner most respectfully prays to this Hon'ble Court to direct the Respondent No. 6 to submit the inquiry report as well as the documents in possession to this Hon'ble Court. iii To facilitate the inquiry, the officials who were responsible for large amount be placed under suspension with immediate effect so that they may not be in a position to influence the inquiry/investigation. iv. Families of the persons who have died of malaria since year 2006 till date should be given compensation to the tune Rs.five lakhs persons. v. The Respondent No. 1 should be directed to take steps for creating mobile medical force for going around the remote areas in the entire State fulty equipped with trained staff and gadgets and medicines. vi. Any other retief that the Hon'ble Court deem fit under the facts and circumstances of the case." "'»*._.-»<'' - "i-''S.Tn-^;n:f:^ 3. The petitioner has alleged commission of irregularities by the officers and employees of the Department of Health in the District of Bilaspur in the spray of DDT since 2006. 4. For ascertaining the correctness of the allegations made by the petitioner in the wril petition, a 'Fact Finding Enquiry' would be necessary. In our opinion, such an enquiry can be better connected by 'Lok Aayog'. 5. Therefore, we are of the opinion that it would be appropriate for the petitioner to approach 'Lok Aayog' for the redressal of his grievances projected in the writ petition. 6. With the above obsen/ation, the writ petition stands disposed of. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu