High Court Of ChhattisgarhWPC/658/2019dismissed

Biharilal Soni v. State Of Chhattisgarh

2019-02-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 658 of 2019 Biharilal Soni S/o Late Shri Khyali Ram Soni Aged About 74 Years R/o Darri Road, Korba, District Korba Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Mahanadi Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh.

2. The Director Office Of Development Commissioner, Pradhan Mantri Awas Yojana (Gramin) Prakash, 1st Floor, Block-2, House No.33 (CVI), Indravati Bhawan Chhattisgarh Naya Raipur, District Raipur Chhattisgarh.

3. Collector Korba, District Korba Chhattisgarh.

4. The Chief Executive Officer Zila Panchayat Korba, District Korba Chhattisgarh.

5. The Chief Executive Officer Janpad Panchayat Korba, District Korba Chhattisgarh.

6. B.S. Rajput Assistant Project Officer , Zila Panchayat , Korba, District Korba Chhattisgarh.

7. T R Pradhan Assistant Grade- iii Zila Panchayat, Korba, District Korba Chhattisgarh.

---- Respondents For Petitioner:- Mr. Ajay Barik, Advocate.

For Respondent:- Mr. Sudeep Verma, Dy. G.A.

Order On Board By Prashant Kumar Mishra, J.

25/02/2019

1. The matter is posted in default, as the Registry has raised objection that the subject matter of Writ Petition would be cognizable as WP (PIL) and not in form of WP(C).

2. It is settled law that a WP (PIL) is not maintainable at the instance of a third party. Similarly, the present Writ Petition wherein the petitioner is not claiming any relief for his own benefit nor any of his fundamental rights or statutory rights have been violated by any of the respondent, the present petition is not maintainable as WP(C) also.

3. The appropriate remedy for the petitioner lies in approaching the Chhattisgarh Lok Ayog bringing into its notice the irregularities or illegalities committed by the private respondent Nos.6 and 7.

4. Accordingly, the Writ Petition is dismissed as not maintainable reserving liberty in favour of the petitioner to move in the manner as indicated above.

Sd/- (Prashant Kumar Mishra) Judge Ayushi