€^ ^ I!IGH COURT OF CHHATriSGARH AT BILASPUR (Division Bench) Corani: Hon?ble ShriJagdish BhaUa, Ag.C,J, & Hoii^ble Shii Satish K. Agniliotri, J. to3. Writ Peti.tioa No. 3342 of 2005 Petitioner Osii Prakash Gupta, S/o. Shri. Nafhuraui Gupta, Aged about /I8 years, Occupation Maxiager (DinLeshwar Mahadeo Mandir), Kesidcnt of near Sewa Kunj Thaaa - Road, Raigarh (C.G.) Versus Respoiidente 1. State of Clihattisgarh 'l'hrough Sccrctary, Kcvcnuc Department, D. K, S. Bhawaxi, Raipiir (CG) 2. C^oUector, Kaigarh (C.a.) 3. Nazul Officer, Raigarh (C.G.) 4, Agrasen Sewa Sangh, Raigarh, Througli its l?rcsidcnt Shri Matiiram Agniwal, uew Market Raigai'h, a society registered under Society Registration Act, beariiig Registeation No, 44/73. 5. Nagar Nigam Raigarh, eartier Municipal Council Raigarh, 'l'famugh Commissioner Raigarh, 6. Setfa Klrodtmal Tmst Through its Masiagiiig Tmstcc, Kaigarh (C.U.) WRIT PETITIGS l?NDBR ARTICLE 226/227 OF THB CON8TITUTION OF INDIA Sxxxt. Haniida Siddque, Advocate for the petitioner. Shri U. N. 8. Deo, Govt, Advocate for ftie respondents No. 1 Shri Rajeev Shrivastava, z^dvc^ate for fhe respondeiit No. 4. Noiie for fhe rcspoiident No.5, Shri Rakesh Pasidey, Advocate for flie respondent No.6. ^.T3%", -•*< ORAL ORDER (Passed on this 29th day of Novemher, 2007) The foUowing oral order of fhe Court is passed by Hon*ble ShrS Jagdish BhaSIa, Acting C.J. The petitioner has approached ftiis Court wifli the prayer fhat writ be issued for casiceluig fhe lease granted in favour of the rcspoiideiit No. 4 and fiirther prayed that fhe respondents No. 4 and 5 may be directed to briiig the suit land ui fhe previous condition, maiutaiiiuig a cleao. water tank for the general pubUc. Leanied counsel for fhe petitioHer reUes upon a dccision of tlic Suprcmc Cx>mt ia Hinch Lal 'Hwari Vs. Kamsda Devi aad others (A.I.R. 2001 S.C. 3215), whcrcm it is provided fhat Uie material resources of the commnnity should be prcserved asid the water tasik ni questiou, is niaterial resource of the coHiiiiunity. We caHed upon. fhe petitioner regardiiig rsiaiiitain.ability of the petition iii the light of the docunient Aniiexure P/10, whereui aa application has been r&oved under Section 32 of the Chhattisgarh Laiid Revenue Code, 1959 before the CoUector, Raigarh, whereiii the father of fhe petitioner has prayed for an enquiry to be conducted and thereafter flie lease granted to the Seth Kirodmial Tnist aad Agrasen Se^a Sangh be caocelled, The said applicatioa was moved on 26th Aprit, 200R. Leanied counsel appearing for the petitioner submits before this Court that m fact the above appUcation (Aniiexure P/10} was moved by fhe petitioiier. We do not find his name, however, after perasuig the piayer made in tiie ?»tRtiitoiy ^spplication (Annexiire P/10) filed on 26th April, 2005, aiid tiie prayer made in tiiis petition, which was filed on 6/9th May, 2005^ it. is ciystal clear that tlie pi-Ryers are one and the same. Since altemative rcmedy has already been availed with tiie same prayer, this petition is not mamtainable. Accordingly fhe writ petition is dismissed, as sucli. Sd/- Ag. Chief Justice Sd/- SatishK.Agnihotri Judge