HIGH COURT OF CHHATTISGARH AT BILASPUR DlViSION BENCH Coram : HON’BLE, SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI $UNIL KUMAR SINHA, J. Writ Petition (PIL) No.1236 of 2008‘ PETITIONER Aifajuddin S/o Late Shri Alauddin, aged about 32 years, Nominated Councilor, Municipal Corporation, Raigarh (C.G.) Versus RESPONDENTS 1. Municipal Corporation, Raigarh, through: Commissioner, Municipal Corporation, Raigarh (C.G.) State of Chhattisgarh, Through: Department of Urban Administration, D.K.S. Bhawan, Raipur (C.G.) Writ Petition under Article 226 of the Constitution of India Present: Shri Goutam Bhaduri, learned counsel forthe petitioner. Shri Rajendra Tripati, learned counsei for respondent / No.1. Shri ‘Yashwant Singh Thakur, learned Deputy Advocate General for the State / respondent No.2. O R D E R (28"‘ February, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Heard learned counsel for the parties on admission. 2. Petitioner — Alfajuddin, a Municipal Councilor has filed this writ petition styled as “Public lnterest Litigation” for the following reliefs :- “7.1 The Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioners from the possession of the respondents, for its kind perusal. 7.2. The Hon’ble High Court may kindly be pleased to restrain the respondent authorities to demolish the building “Rain Basera" according to the resolution tiled as Annexure P/7. 7.3 Any other relief or relives as the Hon’bie Court may deem fit under the facts and circumstances of the case; may also be granted along with the cost or the petition.” 3. The petitiener, in substance, is seeking a direction to the respondents to restrain from demolishing the building known as “Rain Basera" for the construction of Mangal 'Bhawan. 4. From the documents filed by the petitioner along with the writ’ petition including the minutes of the meetings of Mayor-in- Council, dated 18-07-2007, it becomes apparent that the decision to construct the new building “Mangal Bhawan”, after demolition of the existing building “Rain Basera" was taken by the majority of the persons 'who participated in the said meeting. 5. Whether an existing building should be demolished or not for the construction of a new building at that site is to be decided by the Municipal Corporation with the help of the experts on the subject. Since the said decision is based on the resolution passed in the meeting of Mayor-in-Council by majority, we do not find any scope for interference in the said decision, in this writ petition filed as “Public Interest Litigation”. 6. The writ petition. therefore: is liable to be dismissed and is hereby dismissed summarily. J ‘,/ @ of Rs.5,000/— deposited by the petitioner be refunded to him. Sd/- r Sunil Kumar Sinha’ Judge C 7. The security amount Mm Sd/— hief Justice subbu