K. M. Pradhan And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 17 of 2015

1. K. M. Pradhan, S/o Shri P.M. Pradhan, aged About 63 years, OccupationAdvocate, Resident of Jail Road, Ward No. 3, Mahasamund, Police Station & District- Mahasamund (Chhattisgarh)

2. Devendra Sahu S/o Shri Harishchandra Sahu, aged About 40 Years, Occupation- Advocate, Resident Jail Road, Ward No.7, Mahasamund, Police Station & District- Mahasamund (Chhattisgarh)

3. Vimal Pradhan, S/o Shri K.M. Pradhan, aged about 35 years, OccupationAdvocate, resident of Jail Road, Ward No.3, Mahasamund, Police Station & District- Mahasamund (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh, through the Secretary, Public Works Department, Mahanadi Bhawan, New Mantralaya, Raipur (Chhattisgarh)

2. The District Judge, Mahasamund. District- Mahasamund (Chhattisgarh)

3. The Collector, Mahasamund, District- Mahasamund (Chhattisgarh)

4. The Chief Engineer, Public Works Department, Mahasamund, DistrictMahasamund (Chhattisgarh)

5. The Executive Engineer, Public Works Department, Mahasamund Division, District- Mahasamund (Chhattisgarh)

6. The Registrar General, High Court Of Chhattisgarh, Bilaspur (Chhattisgarh) ---- Respondents ------------------------------------------------------------------------------------------------- For petitioners:

Shri Vikas Pradhan, Advocate For respondent No.1 & 3 to 5:

Shri A.S. Kachhawah, Additional Advocate General.

For respondent No.2 & 6:

Shri D.K. Wankhede, Advocate under the authority of Shri Ranbir S Marhas, Advocate ------------------------------------------------------------------------------------------------- • Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Inder Singh Uboweja Order on Board Per P. Diwaker, J 03.08.2015

1. This writ petition has been filed by the petitioners, who are practising lawyers at Mahasamund, in the shape of 'public interest litigation' praying for a direction to the respondent authorities to immediately construct new approach road to the District Court,

Mahasamund.

2. It has been argued by counsel for the petitioners that proposal for construction of new road i.e. from main road to the District Court, Mahasamund, has been approved and budget has also been allocated, but despite assurance given in the petition filed earlier bearing WP (PIL) No.63/13, there is no progress in the construction of approach road and condition of existing road is as such that the litigants & lawyers are facing hardship in approaching the District Court.

3. Initially reply was filed by the respondent authorities stating therein that the budget for construction of new approach road has been allocated and for the present alternative way has been provided to approach the District Court from the main road. Now, affidavit dated 30.7.2015 has been filed by the Member Secretary, Department of Public Works, Govt. of Chhattisgarh, Raipur specifically stating therein that construction of road would be completed and made available for public use in the month of March, 2016.

4. Learned counsel appearing for the State submits that in any case the construction of road would be over within the period mentioned in the affidavit.

5. In view of above, learned counsel for the petitioners seeks to withdraw this petition with liberty to file afresh if occasion so arises.

6. Accordingly, the petition is dismissed as withdrawn with the aforesaid liberty. Needless to mention that construction of road would be completed by the respondent authorities latest by 31.3.2016.

Sd/- Sd/- (Pritinker Diwaker) (I.S. Uboweja) Judge Judge roshan