HIGH COURT OF CHHATTISGARH AT BILASPUR IW$ION BENCH CORAM. HON’BLE SH RAJEEV GUPTA, CJ. V HON BLE SH SUNIL KUMAR SINHA, J. i _ WRIT PETlTlON‘(PIL)§ No; 6211 of 2009. # I ’ 1 Ashok Kumar Tripathi, Aged about 43 years 870 Shri RP. Tripathi Vice Pre5ldent Koyla Mazdoor Sabh‘a (HMS) Head Office —- South Jhagra Khand Coihery, D!stt Korea (C G )‘ R/o Vlliage — Kuhka Post Maiga District Anuppur (M P) 2 Vmod Shrivastava S/o late Shri GS Shnvastava aged abuut 54 yearb R/o, Ware House Read new Nova Offwe Distt Bilaspur(CG) PETITIONERS VERSUS RESPONDENTS 1 Union of lnd:a through Secretary Mtmstry “‘- - Tribal affairs Govt of India NEW DELHI State of C G Through Prrnctpal Secretary Mmrstry of Uryar'r Admm.stratron E& Development, Raipur (C G) The Tribal Development Department through Its Prrncrpal Secretary, D.K.S. Bhawan RAIPUR(CG) WRIT PETITION UDER ARTISLE 226 CONSTITUTION OF ENDIA Shn A Trrvedl and Shn Mano; Mrshra counsel for the petitioner Smt Fouzra Mrrza Asst SohortorGeneralfor respondent No 1 Shrr Klshore Bhadun Additional Advocate General for the State/ respondents No 2 and 3 Present . D N ORDER (4m Navember, 2009) The following order of the Court was passed by ' Rajeev Gupta, C J V Shrl Klshore Bhadun learned Amdltlonal Advocate General plasma reliance on the dictum of the Apex Court In the case of Guruvayoor Devaswom Managing Committee and another Vs C K Rajan and others reported m (2003) 7 SCC «546 has raised a preliminary oblectlon about the maintainability of the writ petition in the form of"PUblic interest Litigation’ 2) Shn A Trivedl and Shn Manoi Mishra learned counsel for Nthe petitioners in View of the above preliminary objection seek permissron to Withdraw the writ petition filed by the petitioners as ‘Public Interest Litigation With the liberty of Fling another writ, en h nl capciy for h redresl f ther revane projed inthe ri petitin. 3 ermsion rt ). Pis ganed. ‘ Wit the abe lierty, the writ petion dismissed as Withrawn. d \‘ I ptitio in teir idiVidua at te sa o i gics ect ‘ wt o 4) h ov b ti is 5) The security amount of Rs.5,000/— deposited by the ¥N petitioners be refunded to theminmediately. K sd/. K i Suml , Kumar ‘ \, Smha _ Judge Sdl- Chief Justice ’ ’ s subbu i W WV i