^ HIGH GOURT OF CHHATTISGARH AT BILASPUR DIVIStONBENCH Coram HON'BI-ESHRtRAJEEWQUFTA, C.J. & HON'BLESHRISUNILKUMARSINHA.J. Writ Petition (PIU No. 4218 of 2009 ,->. PETmONERS RESKSNDENTS 1. Laxmi Narayan Bhale S/o late IVtohanlal Bhate aged about ^ yeare, R/o Azad Chowk Patan, TahsilPatan, DistrictDurg (C.G.) 2. Vinod Bagh S/o Shri Buti Ram Bagh, ag6d about 33 yeafs, R/o Nagar Panchayat Ward No.1 Patan Tahsil Patan, District Durg Versus 1. Krishna Kumar Bhale S/o Shri Sukhchain Bhale, Aged about 50 yeare, President, Nagar Panchayat, Patan & Sala Vikash Sarniti Patan, Tahsil Patan, District Durg (C.G.) R/o Nagar Panchayat & Shala VikasSamitf Patan, TahsH Patan, District Duig 2. Principal, Govt. H®h School, Patan, Tahsil Patan, Di^rict Durg 3 Sub Dhflsional OfBcer, Patan, Tahsil Patan, District Durg (C.G.). 4. Tahsildar, Tahsil Patan, Distrtet Durg (C.G.). 5. Sub Registrar, Patan, Tatetl Patan, District Durg (C.G.). 6. State of Chhattisgarh, Thniugh Coflector Durg, District Durg (C.G.). WRITPETmONUNOERAKnGUE 228027 OF THE CONSTITUTION OF INDJA ~ sf ^ *. ^::-' Present: Shri Santosh Kumar Chaturvedi, teamed counsel for the petitioners. Shri V.V.S. Murthy, leamed Deputy Advoeate General with Shri Akhil Agrawral, leamed Panel Lawyer, for the State/ respondents No.2 to 6. ORDER (21s1 August,2009) The fotlowing order of the Court was passal by RajeevGupta,C.J.: Learned counsel for the partiesaire h^rd on admission. 2) The petltioners elaiming themselves to be publte spirited persons have filed this writ petition styted as 'Public Interest Litigation' for the followring reliefs: "10.1 Thatthe Hon'ble Court be pleased to issuea writ In the nature of certiorari/mandamus against the respondents or approprlate writ in order to set right the position as inito. 10.2 That the Hon'ble Court be pleased psss an interim orderagainstthe respondent No. 1 & 2 to stop the itlegal construction of making shopping comptex and order to vaicate the land by malntaining the law. 10.3 Any other relief, which may be deemed, fit by thts Hon'ble Gourt just and proper in the farts and circumstences of the case may also be provided in favour ofthepetltloner.' 3) From the above quoted reliefs sought by the peUtlonere in the writ petition, it is apparent thatthe petitionersare mainly seekingstoppage of further construction ofthe Shopping Complex on the land in dispute. ^ immi 4) Shri V.V.S. Murthy, teamed Deputy Advocate General referring to the order dated 29-01-2008 (Annexure P/7) submltted that Tahsildar Patan has already passed an order restratnfrg Turther construction of the Shopping Complex on the land in dispute. Learned Deputy Advocate General further submitted at those proceedings are stitl pending before the Naib Tahsitelar. 5) In this view of the matter, we decline toentertain the writ petition filed by the petitioners as 'Public Interest LitigaUtKi' as the petitioners, in our opinion, have an efficacious remedy ofappearing before the Tahsildar in those proceedingsand submiffing their grievances projected in the writ petition. 6) The writ petition, therefore, is dismissed summarity. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge