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WA No.133 of 2021

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, District-

Raipur, Chhattisgarh

---- Respondents

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WA No.133 of 2021

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

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WA No.133 of 2021

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