Writ petition filed by petitioner challenging respondents' plan to construct a community hall in temple premises. Court held appropriate remedy is civil suit for permanent injunction due to need for witness examination on customs and rituals, dismissing petition as not maintainable.
None; writ petition dismissed.
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HON’BLE S.B. IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETI'i‘IdN (cw)No. (2.20% (2014
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PETITIONER: Lekhram Nayak,
S/o Late Dhansingh Nayak, Age
44 years, President of Nayak
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Banjara Seva Sangh Kharsiya,
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R/o Village Karpipali, Tahsil
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Kharsiya, Post Office Basnajhar,
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Thana Kharsiya, Civil and
Revenue District Raigarh, C.G.
VERSUS
RESPONDENTS: 1. State of Ch'nattisgarh,
R/o Village Karpipali, Tahsil Kharsiya, Post Office Basnajhar, Thana Kharsiya, Civil and Revenue District Raigarh, C.G.
State of Ch'nattisgarh, Through Secretary, Department of Revenue, Ministry, D.K.S. Building, Raipur, C.G.
WRIT PETITION UNDER ARTICLE 226 81 227 OF THE
CONSTITUTION OF INDIA.
1
PARTICULARS OF THE PETITIONER:
As stated in the cause title above.
PARTICULARS OF THE RESPONDENTS:
As stated in the cause title above.
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ASHU
HIGH COURT OF CHHATTI§GARH : BILASPUR No.2304 of 2014
PETITIONER Lekhram Nayak
Versus
RESPONDENTS
Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra g- Shri Alok Dewangan, counsel for the petitioner. Shri Suresh Khakharia, Dy. AG for the State.
Present g-
Mpg:
(Paseedori‘thisw1stfaa‘yrorDecember, ' 2014) Heard learned cCunSel for the parties.
- The petitioher, who is a member of Banjara Samaj has preferred this writ petition seeking restrain order against the respondents from constructing a community haii within the premises of Dev Sthai (Tempie) on Khasara No.154/2, area 2.230 hectares, Patwari Halka No.35, Rt circle and Tehsii Kharsiya, District Raigarh, r 2. The petitioner has not Stated as to what right of the petitioner has been infringed by the alieQed-conStruction. Even otherwise, the prayer appears to be in the nature of issuance of permanent injunction. The appropriate remedy for the petitioner is to prefer a duly constituted Civil Suit, wherein the customs, rituais and location of the proposed construction would be determined by examining the witnesses. The writ petition is not maintainabie. it is accordingly dismissed.
Sd/— Prashant Kumar Mishra Judge
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable for issuance of permanent injunction to restrain construction of a community hall.
Lekhram Nayak
State of Chhattisgarh
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
