^ ./V jlivisioa Eench \ ? v \ IN THE fflGH COURT OF JUDICATORE AT BILASPUR:C.G. W.P.no.43^^ /2005 PETITIONER: ^ Horilal Sahu,aged 43yrs., s/o Ghur Ram Sahu, r/o village Gobra Nayapara, tahsil Abhanpur, dist. Raipiir,C.G. VERSUS. RESPONDENTS ^s/ ^c^ ^^ . 1. StateofChhattisgarh, through Secretary to the Dept. of Revenue, D.K.Singh Bhawan Secretariat, Raipur (C.G.) 2. Collector, dist. Raipur, Raipur,C.G. ^3. Tahsildar, Nayapara, dist. Raipur, C.G. ^4. Naib TahsUdar, Oobra Nayapara,dist. Raipur, C.G. 5. ^unicipal Coyneil, through secretary/ president at Gobra Nayapara, distRaipur. ,^6. Jheriya Yadav Samaj, through its president Shri Vikram ChandYadav,Gobra Nayapara, dist,Raipur,C.G, WHT ?E1ffP<?N WD ARTICLES 226 AND m OF TOE CONSTmmN OF INDIA FOR ISSCE <W AN APPROPRIA3E 1WT W W NATWE OF MANHAMUS/ CERlIORAIkAI/ ^I ?fATfflME ^_1^ TPT^T^HT^ \j-&Tl'^ll^l^,^'Hl'<-l<l<»,f61C')l^^ ^:.t.^2^./VL O^^TWR'-Sith ?mT3n^CT*^i<h 3n^?TqsR? (^<li^<s|<ri) ^200 S'^RITW^rf^T OT^^T DIVIS10N BENCH SHRI A.K. PATNA!K, ^J. & HON^BLESHR!D,R,DESHiaUriH,J. 16-09-2005 W.P.No,436§of2Q05. Heard Mr. Bhishma King^, Mr.Sumesh Bajaj, iearned D^. Chhattisgarh/ respondents. The case of the petitionl measuring 0.53 acres being p^r No.161, R.I..C'rcle Nayapara in| purpose of general public for ete. and was popuiariy known as| The President of the Jheriya submitted a written representatio^ Officer, Gobra requesting him to| Gaothan and Sanhada Dev Man^lir. Nayapara has now adopted a re4 05-2004 proposing to allot the| respondent No.6 for some other prayed for quashing the said Council of Gobra, Nayapara. We are not Inciined to enl that it wil! be more appropriate f^r before the Municipai Council, Go^ra We, therefore, dispose o| direction that the petitioner will ms <hl^i64)^ ^IIHrtT^fI^^^Ri^ix ^3lf^TOT^^T , learned counsei for the petitioner and Govt. Advocate for the State of ^r in this P!L is that a piece of |rt of Khasra No.705/1, Patwari Circie iDistrict Raipur was being used for the Gojt/erdhan Worship, Gaothan, Madai Meia I'Gaothan and Sanhada Dev Mandir site. l^hir Samaj Shri Santosh Yadav had dated 16.02.96 to the Chief Municipal reserve the said iand for the aforesaid lan^lir. But the Municipal Councii of Gobra, |o!ution No.14 in Its meeting heid on 14- said land to Jheriya Yadav Samaj / Ipurpose. The petitioner has, therefore, re^olution No.14 adopted by the Municipal ?rtain this PIL at this stage as we think the petitioner to file a representation i, Nayapara for consideration. this writ petition at this stage with a ke a representation before the aforesaid 0,000 r *1Hrtl^iTT^ '" vjT.-cl ^l^ Irt^l, u>-^'{-l<l<».Rlrti^^ J'f ^3^/0^ ^200 3TT^?T q^P (yl36l<s) OT^^T^Tf^TT^ ^2H3n^^T3?WP ^ ^•A^ Munidpa! Coundl of Gobra, N^ proposed allotment ofthe land in f^ from today and if such a repres| Municipal Councii of Gobra, representation and take a decisjo!l of receipt. of the representati Nayapara. Titl such decision is 1 representation of the petitioner petitioner, no further steps wili be Nayapara pursuant to the said res< respondent No.6. The Municipal decision without considerations and strictiy in accon Parties are entitled for certifi arfcl beihg Sd/- Chief Justice / :;~,1^:3/2005 •20.000 <pi<<Io<nwi ^tmoT^f («Mrl^Ri^i< ^3rf^T3TT^^T lyapara stating his objection to the vour of respondent No.6 within 10 sntation is filed by the petitioner, the Nayapara wiil consider the said within a period of one month from the 3n by the Municipal Councii of Gobra, aken by the Municipal Councll on the the decision is communicated to the taken by the Municipal Council, Gobra, ijution No.14for allotment ofthe land to ^ouncii, Gobra, iBsjayapara wiii take the influenced by any extraneous iance with iaw. 3d copy of this order. _L, Sd/- DilipRaosahebDeshmukh Judge >AJ '^ •<<