Dinesh Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 2 of 2017

1. Dinesh Sharma S/o Jaikishore Sharma, Aged About 50 Years R/o Geedam, Tahsil Dantewada, District Dantewada (Chhattisgarh)

2. Naveen Vishwakarma S/o Late Manishankar Vishwakarma, Aged About 49 Years R/o Main Road, Geedam, District Dantewada (Chhattisgarh)

3. Abhishek Bhadoriya S/o Narayan Singh Bhadoriya, Aged About 32 Years R/o Main Road, Geedam, District Dantewada (Chhattisgarh)

4. Santosh Kumar Jain S/o Vijay Lal Jain Aged About 48 Years R/o Geedam, In Front Of Devan Lodge, Tahsil Geedam, District Dantewada (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, New Mantralaya, District Raipur (Chhattisgarh)

2. The Mission Director, Rajeev Gandhi Shiksha Mission, District Raipur Chhattisgarh

3. The Commissioner, Bastar Division, Jagdalpur, District Bastar Chhattisgarh.

4. The Collector, Dantewada, District Dantewada (Chhattisgarh)

5. The Chief Executive Officer, Zila Panchayat, Dantewada, District Dantewada (Chhattisgarh)

6. The Block Education Officer, Geedam, District Dantewada (Chhattisgarh)

7. The Block Resource Cordinator, Block Geedam, District Dantewada (Chhattisgarh)

8. The Sub Engineer/ Technical Assistant, Zila Panchayat, District Dantewada (Chhattisgarh) ---- Respondents For Petitioners : Shri Kamlesh Kumar Pandey, Advocate.

For Respondent/State : Shri Yashwant Singh Thakur, Additional Advocate General. Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Order on Board Per Deepak Gupta, Chief Justice 16/01/2017 1.

This petition is filed as 'Public Interest Litigation'. The grievance of the Petitioners is that there are embezzlement of funds while construction of overhead water tank in the tribal area.

2.

We are not expressing any opinion on the merits of the case but before filing of a 'Public Interest Litigation' the Petitioner must bring the facts directly to the notice of the Secretary concerned and if possible, to the Minister concerned by way of representation. If they do not take any action within 2-3 months after making complaints to them, then they may approach to the Court. Public Interest Litigation cannot straightaway be filed before the Court. 3.

In this view of the matter, writ petition stands disposed of with liberty to the Petitioners to file a petition again if after making a representation to the authority concerned, no action is taken by them. It is made clear that if representation is filed before the authority concerned, the authority shall investigate the same strictly in accordance with law.

Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Anu