Ashok Sharma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1316 of 2020

1. Ashok Sharma, S/o Shri Mangal Prasad Sharma, Aged About 53 Years, R/o MIG II/184, Borasi Colony, District Durg, Chhattisgarh

2. Smt. Kavita Sharma, W/o Shri Ashok Sharma, Aged About 50 Years, R/o MIG II/184, Borasi Colony, District Durg, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh

2. Union Of India Through Secretary, Ministry Of Information And Broadcasting, Shastri Bhawan, New Delhi 110011

3. Collector, Durg District Durg, Chhattisgarh

4. Superintendent Of Police Durg, Chhattisgarh ----- Respondents For Petitioners : Mr. Vaibhav P. Shukla, Advocate For U.O.I.

: Mr. Himanshu Pandey, Advocate on behalf of Mr. B. Gopa Kumar, Asst. S.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03.07.2020

1. The grievance of the petitioner in the present writ petition is that he is in the business of running cable network at Bhilai, Durg, (C.G.). The grievance of the petitioners is that during the period of lockdown some competitors of the petitioners, who do want the petitioner's business to flourish have disrupted the entire cable network laid at petitioner's establishment and have forcibly dis-connected all these connections that the petitioner has laid, causing huge business loss to the petitioners.

-22. The further contention of the counsel for the petitioners is that the petitioners have already approached the local police authorities in this regard but no substantial progress has been made on their complaint. The further contention of the counsel is that meanwhile the petitioner had also moved an application before TDSAT, which had also vide its order dated 04.06.2020 passed an order in favour of the petitioner permitting him to resume signals to the petitioner's cable network. The present writ petition has been filed primarily seeking a direction from the respondents for ensuring that the petitioner is able to run his business smoothly also for appropriate suitable protection; so far as the network of the petitioners is concerned.

3. At the outset, this Court is of the opinion that considering the nature of dispute raised, this Court is of the view that the nature of relief sought is not one who could be addressed or redressed by the High Court exercising the writ jurisdiction. That the appropriate course of action available to the petitioner would be that against the complaint that he has lodged before concerned police station, if no progress is being made, the petitioner has a right to approach the concerned Superintendent of Police, who in turn shall address the grievance of the petitioner and take appropriate steps in this regard.

4. The writ petition, accordingly at this juncture stands disposed off permitting the petitioner to approach the Superintendent of Police for redressal of his/her grievance, who in turn shall consider the same in accordance with law and take remedial steps expeditiously. Accordingly, the writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rahul