N IGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: i HON'BLE SHRI RAJEEV GUPTA, CJ. ~ HON’BLE SHRI SUNIL KUMAR SINHA, J. WRIT PETITION (PILL No.6076 of 2009. H ' M, (Writ Petition under Article 228/227 of the-Constitution of inwa) the petitioner. d Shri Jitendra (aha, counser for Present: Shri Q.4.K. Rao an Shri Kishore Bhaduri, Additional AdVo for the State/respondents No. 1.2 and 3 cgte General ORDER (07* November. 2009) The following order of' the Court was passed by Rajeev Gupta, c.J. : If h PETITIONER Khoman Lal Dewangan, tson of Dhayram Dewangan aged about 43 years, President Gramin Samiti, Bhatagaon Bhatagaon, (B) residence of vinage Gunderdehi, Chhattisgarh VERsus ResPONDENTs: 1. state $}‘Chhattisgam, Chhattisgarh Through Conector, Durg, 2. Sub Divisional Officer, Pawn, District. Durg, Chhattisgarh I 3 Tahsildar, Tahsil Gunderdehi, District Durg, Chhattisgarh 4 Sarpanch, Gram Panchayat, Bhatagaon (B), Tahsii Gunderdehi, District Durg, Chhattisgarh 4L The petitioner claiming himself to be President of Gramin Samiti, Bhatagaon has filed this writ pgtition styled as ‘Public Interest Litigation’ for the following reliefs : “10.1 That this Hon‘ble Court may kindly be pleased to call for the entire records pertaining to the declaration of the above lands for the purpose of Abadi. 10.2 That this Hon’ble Court may kindly issue awrit in the nature of certiorarl quashing the order dated 4.10.07 passed by Tahsildar, Gunderdehi, order dated 4.01.08 passed byg Sub Divisional Ofticer, Patan, and order passed by Collector, Durg dated 18.01 .08. . 10.3 That this Hon’ble Court may kindly issue a writ in the nature of mandamus qushing the order‘da'ted 9.09.09 passed by Tahsildar, Gunderdehi in regard to approval of lay out and furtherance of the matter for the allotment of lands. 10.4 That this Hon'ble Court may kindly issue a appropriate writ in the nature of mandamus directing the respondents to comply in accordance with the provisions of Chhattisgarh Land Revenue Code, 1959, while,declaring the lands for the purpose of Abadi. 10.5 To issue any other writ or directions or. orders in favour of the petitioner and against the Respondents upon these facts and in the circumstances of the case in.the interest of justice.” 2) Shri Kishore Bhaduri, learned Additional Advocate General referring to the provisions contained in Chapter-V of Chhattisgarh Land Revenue Code,1959 (for short ‘the Code’) has raised a l t l i -’ L, ¥ 43 preliminary objection about the maintainability of the writ petition against the impugned order dated 18.01.2008, passed by the Collector, Durg on the ground that statutory remedy against the said order is available to the petitioner under Chapter-V of the Code. 3) Shrl C.J.K. Rao and Shri Jitendra Gupta, learned counsel for the petitioner, in view of the above preliminary objection, seek permission to withdraw the writ petition with the liberty of availing the remedies available to the petitioner under Chapter-V of the Code and other provisions of law. 4) Permission granted. 5) With the above liberty, the writ petition is dismissed as withdrawn. 6) The security amount of Rs.5,000/- deposited by the petitioner be refunded to the petitioner immediately. F Sd/— Sd/— , Chief Justice Sunil Kumar Sinha L. Judge SUBBU