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Chhattisgarh High Court dismisses PIL seeking intervention of court in Narayan Mandir premise matter

The Chhattisgarh High Court dismissed a Public Interest Litigation (PIL) seeking the intervention of the Court in the matter of construction of Railing over the pathway of Narayan Mandir premises, Dantewada, thereby restricting the area reserved for organizing religious fairs madai etc.

Sourabh Sahu , the Counsel for the petitioners submits that the petitioners are residents of Dantewada, District South Bastar- Dantewada (C.G.) near the Narayan Mandir premises, the local people organizes religious fairs festivals madai etc. from time immemorial. 

It is submitted that in the month of June, 2023, the respondent authorities through some private individuals started raising construction by placing railings over the footpaths and nearby temple area, thereby restricting the temple premises and encroaching upon the areas, which are used by the locals for organizing religious festivals, melas, madais. That apart, from restricting the temple premises, the authorities are evicting the local   vendors from the footpath, who use to sell religious items used by the devotees. 

Being aggrieved by such action of the authorities, the petitioners along with several other locals protested, but despite numerous efforts the poor petitioners could not protect their interest and the local vendors have been removed forcefully and the construction has been started, the instant action on the parts of the respondents is arbitrary and illegal as the same is against the local culture and norms. Hence the petition.

Sahu submits that the present petition is being filed by way of public interest litigation and though the petitioners as such have no personal interest, however, being citizen of State is worried about the problem as has been agitated in the present writ petition. The petition is filed in the interest of public, which is directly related to protection of local customs and culture of people related to organizing religious melas and fairs near Narayan Mandir premises. 

It is submitted that documents annexed in the instant petition are newspapers articles and photographs taken at the spot. The petitioners are filing the present petition on their own and not at the instance of someone else.   

On the other hand, Chandresh Shrivastava, Additional Advocate General submits that if the petitioners have any grievance, they may approach the appropriate revenue authorities. They have made a representation dated 22.06.2023 to the Sub Divisional Officer (Revenue), Dakshin Bastar, Dantewada, which is pending consideration. 

From perusal of the pleadings,  the Division Bench of Chief Justice Ramesh Sinha and Justice  N.K. Chandravanshi noted that the petitioners are aggrieved by construction of railing over the Pathway of Narayan Mandir premises, Dantewada, which is causing hindrance and restriction in the area reserved for organizing religious functions. Since the credentials of the petitioners, who claim themselves to be the villagers, have filed this petition, at this stage, it would be appropriate that petitioners may firstly approach the local authorities / Collector / appropriate forum for redressal of their grievances as and the Court do not find it a fit case so as to invoke the jurisdiction in the public interest under Article 226 of the Constitution.

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