-SE/- ':a&E»8 \\ HIGH COURT OF CHHATTISGARH AT BILASPUR WMT PETITIONJ227) N0. 4096J)EL 2011 PBTITINER APPUCANT RESPONDENT8: NON-APPLICANTS VEI^US 1. 2. Domar Chaudrakar aged 45 yrs, s/o Shri Dau Lal Chandrakar r/o Gram. Chhatauna, Tah-Araag Distt. Raipur CG. i Gariba Lal Chaadrakar aged 6© yrs, s/o Shri Dau Lal Chaadr^far r/o Khadi Nagar, Paridari Tarai Raipur CG State of ChIiattisRarh Through; The Collector Raiplir, Distt. Raipur CG. 4. WRIT PETITION UNDERARTICLB2^7J3¥LTHE^ONST!TUTIOILOr IITOIA. (SB :Hoa'bie Mr. T.P.Sharma, J.) Present;- Shri Rajesh Tiwari,Advocate for the petitioner. Shri Vinod KumarTekam, P.L. for the State/respondent No. 2. Respondent No. l not noticed. ORAL- ORDER (Passedon 28/07/2011) By fhis petition under Article 227 of fhe Constitution of India petitioner has challenged fhe legality and propriety of fhe order dated 25/6/2011 passed by 12th CivilJudge Class-II, Raipur C.G. ia Civil Suit No. 01/2011 whereby rejectmg fhe application filed under Order 9 Rule 13 offhe CivU Procedure Code, 1908. Learaed counsel for fhe petitioner subinits that he seeks to withdraw this petition wifh Uberty to approach before the AppeUate Foruia. Considering tbe altemate reinedy petition is disinissed as withdrawn witfa aforesaid Uberty. Certified copy of fhe order unpugaed be retumed to the learued counsel for the petttioner after duly subraission of fhe photostatted copy of the same. No order as to costs. T.P.Sharsna judge </• HIGH COURT OF CHIWTTIS<^RH AT BILASPUR DB.: HON'BLE Mr. JUSTICE SUN1LKUMARSWHA& HON'BLE Mr. JUSTICE RADHE SHYAMSHARMA WRIT PETITION (PIU N0.4049 OF 2011 PETITIQNER RESPONDENTS 1 4 5 Hardeep Singh Benipal, S/o Rajinder Singh Benipal, aged about 42 years, House No.B/4, UdyaSociety, Tatibandh, Raipur (C.G.) Versus State of Chhattisgarh, through Principal Secretary. D.K.S. Bhawan, Marrtralaya, Raipur (C.G.) State of Chhattisgarh, through its Princi(Mil Secretary, Department of Home Affaire, D.K.S. Bhawan, Mantrataya, Raipur (CJG.) Director General of Police, State of Chhattisgarh, Raipw Superintendent of Police, Raipur (C.G.) M/s. Sai Prasad Properti^^Ud., Registratton No. U 70200 GA 2008 PLC 005799, House No.189, Querrem Congat Twin Bardez Tivim, BaFdCT- 103521 Goa (India), through : Mr. Sishupal Yadav, Dy. General Manager (Operations), S/o Late Shri Pyare Lal Yadav, aged about 48 years, R/oA-17, Minal Residency, J.K. Road, BHEL Road, Bhopal (M.P.) Sai Prasad Foods Ud., Ashoka Miltennium M-4, 2nd Floor, Rajendra Nagar, Ring Road, Raipur (C.G.) '^-e/' '•^,,^^,,-^?'" WRFT PETn'UN (PIU NOA049 OF 2011 7 Sai Prasad Food Ltd., Joda Pipal, Opposite Labour Court, Ambikapur, District Sarguja (C.G.) 8 Sai Prasad Food Ltd., Buildir^ No.9, 1st Ftoor, Opp. ICICI Bank, Near Vijay Talkies, Transport Nagar, District Korba (C-G-) 9 Sai Prasad Foods Ltd., Chourasiya Complex, 1rt Ftoor, In Front of SBI Kutehari Chowk, Matnroad, h^nker 10 Sai Prasad Foods Ltd., B.D. Complex Railway Crossing Tifra, Bilaspur (C.G.) 11 JSV Developers tadia Ltd., Corporate Office C-203, MP Nagar, Zone—11,Bhopal - 462 011 Through Its Managing Director 12 H.B.N Diaries & Allied Ltd, National Highway No.1, Samalkha, Distriot Panipat, Haryana 13 H.B.N Diaries& Allied Ltd., SM- 22, Shiv Mandir Line, Avanti Vihar, Tetibanda, Raipur (C.G.) 482001 14 Garima Real Estate & Alli^t Ltd, Regd. Office at 403, Saurabh Plaza, Gole to Mandir, Gwalror. 15 Garima Real Estate & AHied Ltd., Head Office Garima, Shri Kalyan Tower, Opp. Basant Talkies Thatipur, Gwalior 16 Garhna Real Estate & AUIed Ltd., Champa Branch, Lion's Chowk, Station Road, Champa, Janjgir (C.G.) 17 Garima Real Estate & AUied Ltd., Raigarh Branch, Naya Ganj, Itwari Bazar, above Sahara lndia,Raigafh(C.G.) 18 Garima Real Estate & Allied Ltd., Korba Branch, Transport WRIT PETITION (PIU N0.4049 OF2fl11 19 20 21 22 23 24 25 26 27 28 29 Nagar, Near Chaurasia Petrol Pump, Main Road, KoFba(C.G.) Garima Real Estate & Allied Ltd., Raipur Branch, 1st Floor, Jaiprakash Complex, Teli Bandha, Raipur (C.G.) Assistant General Marfflger, Department of Non-BanWng supervision, Reserve Bank of India, P.B. No.32, Hoshangabad Road,BhopalM.P. 462011 Sai Prakash Properties & Development, Maruti Business Park, Shop No.7, Second Ftoor B Block, Near Ra^aimar College, G.E. Road, Raipur (C.G.)_ Sai Prakash Propertles & Development, Near Tilak Sclrool Raghav Shopping Comptex, Chakradhar Nagar Chowk, Raigarh (C.G.) Sai Prakash Properties & Development, Office No.1 Indra Commercial Comptex, BeWnd Tulsi T.V.S. Agency, T.P. Nagar, Korba (C.G.) Sai Prakash Properties & Development, Lane Near by Hari Om Glass Purana Rest House Road, Rajnandgaon (C.G.) Pearte India Ltd., 3rd Floor Krishna Gomplex, totchery Chowk, Raipur(C.G.) Pearis India Ltd, 1st Floor, Hotel Highway, Opp. Railway Station, Dhamtari (C.G.) Pearls India Ltd, 2nd Floor, Kika Bhai Complex, G.E. Road, Rajnandgaon (C.G.) Pearis India Ltd, l* Floor Ward No.19, Gauri Shanker Mandir Road, Naya Ganj, Raigarh (C-G) . ^ ..'._" Pearls India Ltd, 1st Floor, Sikander Comptex, High School WRIT PETfflONfPIU N0.4049 OF 2011 Road, Jagdalpur (C.G.) 30 Pearis India Ud., Regtonal Office, 1st Ftoor, Golcha Plaza, Near Nal Ghar Chowk, Raipur (C.G.) 31 Shining India Real Estate and Diary Ltd. Mopaka Bilaspur (C.G.) 32 Assistant General Manager, Department of Non-Banking Superviston, Reserve Bank of India, P.B. No.32, Hwhangabad Road, Bhopal (M.P.) WRIT PETITION UHDBR ARTICLB 226 OE* THE COMSTITUTIOSOFIIIDIA Appearance: Mr. Vivek Venna, Counsel for the petitimers. Mr. UNS Deo, Government Advocatefor the State. ORALORDER 28.02.2012 The following order of the Court was passed Sunil Kumar Sinha. J. by Heard. The petltioner has filed this petition styled as "Public Interest Litigation" for the foltowing retief(s): "(i) The Hon'ble Court may kindly be pleased to issue a appropriate writ/writs or order to the Goncemed authorities to restrain the ^dcompani^ in domg the financial transactions. (ii) To issue writ in the nature of mandamus to take necessary action against the authoritiesin nrttaking any action againstthe said companies. (iii) Any other relief/order/directlon/probe whteh this Hon'ble Court may deemed frt and proper looking into the fact and circumstanees of the casecoupted r WRIT PETmON (PIU N0^049 OF 2011 with the natural justice may kindly be granted together with the cost of writ petition." The petitioner, thus, in substanee is praying for issuance of appropriate directions to the concemed authorities to restrain the financial transactions ofthe respondent companies on the greund of violations of various statutory provisions. Leamed counsel for the State submlts that before filing this "Public Interest Litigation", the petitioner has not made any application to any police authority or competent authority to take appropriate action against the atteged irr^utarlty/illegality committed by the respondents. Learned counsel for the petitioneralso could nat point out any such complaint/representation made by the petttioner to any public authority in this regard. tn this view of the matter, leamed counset for ttiepetitioner seekspermission to withdraw this writ petition with liberty to flte an appropriate applications before the Director General of Police and/or any other competent authority. Permission granted. Accordingly, the writ petition is disposed of, as withdrawn at this stage with the aforesakl llberty granted in favour of the petitioner. Sd/- Sunil Kumar Sinha Judge Sd/- Radhe Shyam Sharma Judge i^/- ^