r ^ H1GH COURT OF JUDJICATURE CHHATTISGARH: BILASPUR DIVISIQNBENCH CORAM : HON'BLE SHRI S.R. NAYAK, CJ 8 HON'BLE SHRI D.R. DESHMUKH, J. WRITPETITIQN N0,3217 of 2006 PETITIQNERS: 1. Dilip Kumar Deshmukh, S/o Shri Khedu Ram Deshmukh, R/o Village & Post - Bori, Tehsil _ Dhamda, Distt. -Durg 2. Nanku Ram, S/o Sumer Sahu, R/o Village & Post - Bori, Tehsil - Dhamda, Dlstt. - Durg VERSUS RESPpNDENTS 1. State of Chhattisgarh, through - Secretary, Public Works Department, OKS Bhawan Mantralaya Raipur. 2. Chief Executive Engineer, Public Works Department, State of Chhattisgarh, Raipur (C.G) 3. Execirtive Engineer, Public Works Department, (B & R), Durg Division, Durg, C.G. 4. Sub Divisional Officer, Sub Division No. 2, Public Works Department (B&R), Durg C.G. 5. Sub Engineer, Public Worte Department (B & R), Durg C.G. 6. Collector, Durg (C.G.) 7. Mr. Juber Ahmed Siddiqui, Contractor Public Works Department, State of Chhattlsgarh Present: Shri Aneesh Pandey, tearned counsel for the petitioners. ORAL ORDER . tPassed on 17th July, 2006) The following oral order of the Court was passed by S.R. NAYAK, CJ. \ In this writ petition filed as Public Interest Litigation by Dilip Kumar Deshmukh and Nanku Ram, residents of'Bori village, Dhamda Tehsil, District Durg, it is allegsd that ths 7* respondent to whom a works eontract to construct a 30 bed capacity hospital at Bori viltage has been awarded by the Pubiic Works Department, in deviation of the approved plan, has been constructing the building, that too, by using infsrior quatity of materials. So alteging, the petitionere has sought for intervention of the Court. From tfis pleadings of the petitioners and documents annexed to the writ petition, it is not clear whether the petitioners before approaching this Court under Arttele 226 of the Constitution of India as pro bono public characters have brought to the notice of the concerned authority in the Public Works Department which has awarded the works confract to the 7 respondent about the alleged violation of the approved plan and using sub-standard materials for construction of 30 bed capacity hospital at Bori w'llage. (2) Having regard to the nature of the allegations made against the 7 respondent, we think that it js appropriate for the petitioners to first bring it to the notice of the same authority which has awarded the works contract to the 7 respondent about the alleged violation of the approved plan and making use of sub-standard materials for the construction of 30 bed capacity hospita! at Bori village and only in the event of such authority not taking any action, then to permit the petitioners to approach this Court. In that view of the matter, we dispose of the writ petition permitting the petiti'oners to make an appropriate representation to the same authority in Uie Govsrnment which has awarded the works contract to the 7 respondent to construct 30 bed capacity hospital at Bori viliage containing material particulare with regard to tiie alleged violation of approved ^Ak^ plan/deviation and the details ofsub-standard materiats used by the 7th respondent in the construction. tf such representation is made by the petitioners to the concerned authority in the Sovemment within a period of one month from today, we direct the concerned Govemmental authority to look into the atlegations and ifthey flnd substance in the allegations, then, to tafce corrective and appropriate..remedial measures to protect the public interest, wthin a period of 2 months from the date of receipt of such representation from the petitioners. No costs. Sd./- ChiefJustice Sd/- Dilip Raosabeb Deshmukh Judge /~:»