Bhagwat Kumar Sahu vs State Of Chhattisgarh

Ramesh Sinha, CJ

Heard Mr. Bharat Lal Sahu, learned counsel for the petitioner. Also heard Mr. Y.S. Thakur, Addl. A.G. for the respondents/ State and Mr. Pankaj Agrawal, learned counsel for respective respondent.

The petitioner has filed this petition praying for following relief:-

“(I) That, the Hon'ble Court may kindly be pleased to call for entire record from the respondent authorities, in the interest of justice.

(ii) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to remove and demolish the illegal construction of Complex by the private respondent no. 10 on Public road and commercial place as order dated 26.08.2016, in the interest of justice.

(iii) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

At the time of hearing, this Court has observed that the petitioner has filed the present petition (PIL) without appropriate prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer as relief is sought against respondent No. 10 whereas in array of respondents there are only 8 respondents.

Learned State counsel submits that even the array of respondents is also not correct.

At this juncture, learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with liberty to file afresh with proper prayer and correct array of respondents.

In view of the submissions made by learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court for wasting precious time fo the court and the said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.).

It is made clear that if the petitioners files a fresh WP (PIL), they are not required to pay the security amount again as same has been paid in the present case.

Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioners/State after obtaining the photocopy of the same.