mHCQyBT.OF JVDtCATMRECHI^TTj$GAR^:PI^^»W. DIVISIONBENCH CORAM : HON'BLE SHRI S.R. NAYAK. CJ & HON'BLE SHRI V.K. SHRIVASTAVA. J. PETITIONERS RESPONDENTS W.P.No. 398 of 2001 1. Jagdish Prasad Gupta S/o Late Baeni Saw aged about 60 years. 2. Shw Kumar Gupta S/o Late Ram Sundar Saw aged about 02 yeas R/o Viltage Bazaardand Jurgum ward No. 2 district Jashpur (C.G.) VERSUS 1. The State of Chhatttegarh Throuflh secretary local arif Gevt. Secre^reat Raipur (C.G.) 2. Collector, Jashpur DisSl. Jashpur 3. The Presiderrt of Nagar Panctoayat Jashpur (C.G.) 4. Nagar Panchayat Jashpur through Hs Chief Munidpal Officer Jashpur (C.G.) Present: Dr. Shaitosh Ahuja, tearned coynsel for the petitkwws. Shri Utkarsh Verma, leamed Dy.G. A. for the StatQ/ respondents No. 1 & 2. .ORD6BI {Passed on 16" Noveniber, 2008) The fbMowmg oral order of the Court was passed by S.R. NAYAK, CJ. The petifioners are the retired teachera. They have fijed Ihis writ petltion claiming to be pm bono pubHco and alleging that 0.23 acres of iand comprised in Khasara No. 350/1 situated between ward No.2 and ward No. 6 of Jurmug mohaWa locality in Jashpur town ought to have been retained as a children park, but, Nagar Panchayat, Jashpur. has proposed to construct a shopphng complex on that land and therefore, the Nagar Panchayat should be estopped from proceeding with the construction. According to the pefitjoners, petitfon scheduted land is an open Government land mearrt for children park. -X- Opposing ttie writ petition, 8ie State AuthQrittes as welt as Nagar Panchayat, Jashpur, have filed their retums. In the retum ffled by the State Authorities, ttis pointed out that (he petitionScheAitecl land was a Govemment tand: the Govemment at the request of the Nagar Panchayat, Jashpur, granted the petitlon scheduted land to Nagar Panchayat and ttiat the petition scheduled tand was not earmarked ss chddren park. The petitfoners have not lakl any material b^ore the Court to show that what the State Authorities have stated on oath is factualty incorrect. Unless the peUtion scheduled land is shown to have been earmarked for the purpose of establishing children park under any statutory instrument or administrative instructiws of the Nagar Panchayat, Issuing mandamus to the State Auttiorittes or to Nagar Panchayat, Jashpur, to retain the petftion scheduled tend as chiWren park would not arise. The writ petitlon is, tberefore, clismissed. No costs. Sd/- Chief Justice Sd/- V.K. Shrivatava Judge ^A-m^