Vasudev Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 133 of 2021

1. Vasudev Singh Thakur S/o Late Shri Manrakhan Singh Thakur Aged About 74 Years Bhakt, Shri Balaji Swami Dhudhadhari Math Raipur, R/o Tiranga Chowk, Kushalpur, Raipur, District- Raipur, Chhattisgarh. ---- Appellant

Versus

1. State of Chhattisgarh Through Sachiv, Nagariya Prashashan Vibhag, Chhattisgarh Shashan Mantralay, Naya Raipur, District- Raipur, Chhattisgarh.

2. Sachiv Dharmik Nyas Avam Dharmsva Vibhag Chhattisgarh Shashan Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

3. Collector/ Prabandhak Shri Balaji Swami Trust Dudhadhari Math Raipur, District- Raipur, Chhattisgarh

4. Shriman Panjiyak Sarwajanik Nyas Raipur, District- Raipur, Chhattisgarh

5. Anuvibhagiya Adhikari, Karyalaya Anuvibhagiya Adhikari, Raipur, District- Raipur, Chhattisgarh

6. Aayukt Nagar Nigam Raipur, District- Raipur, Chhattisgarh

7. Ramsunder Das Guru Shri Vaishanav Das Sanvarakar, Dwara Shri Balaji Swami Dudhadhari Math, Panjiyan No. 155 Raipur, DistrictRaipur, Chhattisgarh ---- Respondents

For Appellant - Shri Abdul Wahab Khan, Advocate.

For respective Respondents/State - Shri Vikram Sharma, Dy. Governmet Advocate and Shri Sandeep Dubey, Advocate.

Hon'ble Shri Prashant Kumar Mishra, Ag.Chief Justice. Hon'ble Shri Parth Prateem Sahu, J.

Order On Board By Hon'ble Shri Prashant Kumar Mishra, Ag.Chief Justice. 07/06/2021

1. Shri Abdul Wahab Khan, learned counsel appearing for the appellant submits that the writ petition was preferred for a direction to the concerned Collector to take action against the respondent (trust) for illegal alienation of the trust property as also to remove encroachment on the trust property.

2. Learned Single Judge has dismissed the writ petition in WPC No.2808/2020 vide Order dated 04-12-2020 with observation that the petitioner may approach the Registrar Public Trust or prefer Public Interest Litigation (PIL).

3. Shri Abdul Wahab Khan, learned counsel submits that since the representation was preferred by the petitioner, he is personally interested in the outcome of his representation and as such the writ petition was maintainable.

4. Considering the nature of relief claimed in the writ petition, we deem it appropriate to dispose of the writ appeal with direction that in the

event, the appellant moves a representation before the Registrar Public Trust under the Chhattisgarh Public Trust Act, the said Officer shall dispose of the representation in accordance with law within a period of six months from the date of representation.

5. It is made clear, while disposing the appellant's representation, the Registrar Public Trust shall hear all the necessary parties.

6. Accordingly, the writ appeal is disposed of. SD/- SD/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Amardeep