r^, HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR {Division Bench) CORAiV!: Hon'bie Shri S.R. NAYAK. CJ & Hon'bie Shri Satish K. Agnihotri, J. 0 L, Petitloner Respondents PETITION N0.1639 OF (1) Adivasl Vikas Avam Prashlkshan Sanstha, Rajpur, Sarguja (C.G.) Registration No.9628 dated 21/11/1980, Throygh: Ite Shn Munna Lal Chov^dhury, S/o Durga Prasad Chowdhury Aged about 49 years, R/o Rajpur, Btock Rajpur, Dist: Surguja (C.G.) (2) Shukhan Ram, S/o Teba Ram Aged about 30 years, Occupatton: Sarpanch, R/o Village Ludgi (Sargaon), Vikas Khand Balrampur, Distt: Sarguja (C.G.) VERSUS (1) Union oflndia Through; The Secretary, Ministry Hom^ Affalrs, N^w Doihj. (2) The State of Chhattisgarh Through: The Secrete.ry, Horrie Department D.K.S. Bhawan, Rajpur. (3) The CoiSector, Ambikapur, DlstS:: Sarguja (C.G.) (4) Care Sndla, 27 Hou-se Khas Vlllage, New Delhi-110 016. Through: Chief Functlonan/. (5) Development Alternative Prioe Water Hou^e Copper Private Limited, Through: Chief Functionary, B-32, Tara recent, Qutub instltutlonal Area, New Delhi-110016. Through: Chi@f Functionary. (6) Church Azagilure Fro Sociat Aotion (Kasa), 2, Rachana Bhawan, 4 Manjeel Rajendm Place, Pusa Road, New Deihi-110008. Through: Chief Funotionary. (7) Action M Post Box No.54063, Rest House Road, Bangafore-560001. Through: Chief FunctJonary. (8) Indo German Social Sodefry, 28, Lodhj Road, Instltutlonal Area, New Deihi -110013. Through: Chief Functionary. (9) Vishva Bank ki Garibi Unmunat Yojna. C.G. Districts Poverty Reduotion Project, A-1 , Gayatri Nagar, Raipur (C.G.) Through: Chief Functionary. (10) Inter Nationai Fund for Agriculture Development (I FED), New Delhi. Through: Chief Functionary. Present: fvlr. A.V. Shridhar, learned counsei for the petltioners. Mr. S.K. Beriwai, learned Centrai' Govt. Counsei for respondent No.1 . Mr. Additional Aclvocate with Mr. Sanjay S. Agrawai1, Govt. for tha Ho.2 & 3. ORDER (Passed on 22nd of November The foflcwlng Order ofthe Court\¥as by S.R. Nayak, CJ: Thie writ petition ss filed by Adjvasi Vikas Avam Prashitehan Sanstha, Rajpur, and on©Shukhan Ram, S/o Teba Ram, aged about 30 years, Occupation: Sarpanch, R/o Viilage: Ludgi (Sargaon), Vikas Khand: Balrampur. Dlstt: Sarguja (C.G.). daiming to be pro-bono pubiic as a public interest to espouse the cause of the tribals reslding jn Blocks: Rajpur, Bairampur, Kusml, Shankargarh and Lundra of Djstrict: Sargujg:. In the writ ^-s §sin the 25.04.2004 submitted to the District Collector, Dlstrict: Sarguja, it ss aiteged that reepondente 4 to 10 ~- Sooietie^ rooolved ororee of rupooe ©© contribution from the foreign countries exclusively for the weifare of the trib-aJB, but/the money te misused and siphoned for the purpose other ^ than the purposes for which such monies were recelved. So atteging, the petttioners have sought for a dlrection to the Government of Indla and the Govt. of to an enqujpy into the and remed.'aj to the of the tribals concerned. 2- WB Evlr. A.V. Shridhar, counsai for tha and the pleadings as weii as fald us. !f we say so, the partlculars laid before the Court are as scanty as they could be. Necessary materia! pas-ticulars are lacking. It Is not when and what amount of the sooieties received from forejgn oountrie^ and out of tho3e monie^ how muoh is ^pent on trlbat welfare and how much i©©iphonodfor exlraneous purpose^. Though; dir^ction te sought against GovemmQnt of India and Govt. of Chhattlsyarh to an enqulry into the ailegatioi-is levelled 4 to 10 - Societles in terms of the provisions ofthe Foreign Contnbution (Regulatlon) Act, 1976 (for short 'the Act'), quite curfously, It that no representatlon-s were either to the Govt. of India or to the Govt. of Chhattssgarh before filing this writ petition. The vague representation m©deto the Di-strict CoJSeotor ooufd not be regQrded as the one made to the Govt. of India or to the Govt. of Chhattisgarh. It ne^d^ to bo noticod that the State Governmont ha9 no regulatory or cGntrojjji-iy power undor the Act. It Is quite and by the Courts that a pro-bono pubjic character before approaching the Court under Artlcie 226 of the Constitution of indla by way of public interest Htigation is requjred to honest investlgatlon and enqulry with to the allegations. The public litigatiQn should be the outcome of such honest attempt The public Interest {itjgation cannot be grounded on imagination of a man. The role of pro-bono public charactor -1-t- in a matter tike this ts very responsibte and onarous and nothing could be or on the basla of m the communlty. is&i the of particulars and since the to brtn§the allegatiQns to the notlce of the Govt. of India, in the fsrst instence, we are not tostepBln of the Constjtytion of India, a.t thb stage, ^nd entertain thls publlc Intere^t litigation, 3. In that vlew of the matter, we dls.mlss the PIL. However, we make it that thls order not come in the way of the petitlDners, if they 30 de^lre, to make appropriate representetion to the Government of India giving partioulars of the misuse offunds received by respondents 4 to 10—SoctetiQs and seeking Intervention of the Govt. of IndJa under the provisions ofthe Act. Sd/- Oiief Justfce Sd/- Satish K. Agnihotri Judge BfQJesh^