•2/5s HI6H COURT OF CHHAmfi6AftH AT 6ILASEUR W.P.No.199 of 2006 CORAM; Hon'ble Shri S.R. Nayak, CJ & Hon'ble Shri bilip Raosoheb Deshmukh^J. PETTTEONER RESPONbENTS Narendra Prasad Dubey. 5/o Late Ayodhya Frasad uubey, Aged abour b4 years, Occupation - Retired L5.C. Forest Depart-ment Chhattisaarh State; R/o 27/498, New Shonfl Nagar, Ralpur (C.G.) Versus 1. State of Chhattisgarh through Principal Secretnry, Ministry of Forest d Emironment, MaritTaiuyu, O.K.S.Shuwui'i, Iteipur. 2. Principat Chtef Conservator roresr, Arorr/a »avon,Jail Rond, Rnipur. 3. Conservator of Forest, Anxnya Bhavan. Jail Road, Raipur. 4. Oivisional For^st Officer, ^er-iei-a! Forest Diyision (North); Raipur. 5. Range Officer -II, Porest FSange (Senerul), Aranya Bhuvun, Jull huud, Raipur. Shri Uttam Pandey, Counsel for ^he pe+itionci-. Shri Prashant Mishra. Addl. Advocate fienerol with Shri Utkarsh Verma, Oy.ff.A. for respondents/Sta-te ORAL OKDEft yassedonl6tb Jonuary2006) The following oral order of the Court was passed by 5.R.N/tyA((, C.J. - z- This writ petition is filed by an ex-employee of the Forest Depart-ment claiming to be a pro bono public character to espouse the public interest. 2. To put it pithily, it is the contention of the petitioner that the decision of the third and fourth respondents to close forest check- post at Chandanideeh near bridge of Kharun river on National Highway No.6 near Raipur is not in the public interest ond since the said check- post is ordered to be closed, there is liketihood of smuggtin9 forest produce by the unscrupulous persons. Nothing is stated in the writ petition to bring home any mala fide agoinst respondents 3 & 4 that they have taken the decision to close the check-post for any collateral ond extrcmeous consideration. It is needless to state •thnt it is within the legitimate domain of the powers of respondents No.3 & 4 to decide the point at which forest check-post shoutd be establidied in national or other highways. That freedom should legitimately belong to administration of the Forest Deparhnent and that could not be meddled with or curtailed by the Court lightly without knowing the ground realities. Be that <»s it moiy, nothing is ptaced before the Court- on the basis of which, we could possibly form an opinion that the decision of respondents 3 & 4 for closing the forest check-post at Chandanideeh near bridge of Kharun river on National Highway No.6 near Raipur is not conducive to and in thepublic interest. 3. This is not a fit case where the Court riiould step in under Artictes 226 / 227 of the Constitution of India and undertake review of the impugned action of the responctents 3 & 4. 4. The writ petition is. therefore, dismissed. — Sdf- i DilipRaosaheb Deshmukh Judge Sd/- - ! Hon'ble the Chief Justic ;