1 2025:CGHC:1891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 154 of 2025 1 - Shailendra Prasad Jr. M I G 1 Atal Vihar Yojana Chilhati- Chilhati Housing Board Colony Bilaspur, Mopka, Chhattisgarh ... Petitioner(s) versus 1 - Executive Engineer Chhattisgarh Housing Board, Division- Bilaspur, New Bus Stand, Abhilasha Parisar, Tifra, District Bilaspur 2 - Zone Commissioner OfÏce Of The Zone Commissioner, Municipal Corporation, Bilaspur, Chhattisgarh 3 - Sewerage Department Sewage Department, Municipal Corporation Bilaspur, Bilaspur, Chhattisgarh 4 - Chairman Housing Board Chhattisgarh Housing Board, Paryawas Bhawan, Sector 19, North Block, Nava Raipur, Atal Nagar, District Raipur 5 - Department Of Housing And Environment Chhattisgarh Government Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur ... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.14 15:58:26 +0530 2 For Petitioner(s) : Shri Rohit Kumar Shrivastava, Advocate along with Shri Somesh Vaidya, Advocate. For Respondent No. 1 & 4 : Shri Sanjay Patel, Advocate. For Respondent No. 2 & 3 : Shri A.S. Kachhawaha, Advocate. For Respondent/State : Shri Raj Kumar Gupta, Addl. Advocate General. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 13.01.2025 1. By the present writ petition, the petitioner has sought for the following reliefs:- i) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for records to know about the status of amenities which were promised to be provided by Chhattisgarh housing board to the residents of the Atal Awas Yojana residential colony such as: a. School b. Health Center c. Community Center d. Commercial Shops e.Park f. Boundary Wall for the entire colony g. Main Gate It is pertinent to mention here that the impetus is on the boundary wall and the main gate as the absence of these 3 two essential items has created unsafe conditions for the residents as well. ii) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India to: - a. Replace the existing hazardous sewerage system and the open septic tank of the Atal Awas Yojana residential colony. b. Establish a definite timeline for the Chhattisgarh Housing Board, Zone Commissioner (Bilaspur Municipal Corporation) and Sewerage Department (Bilaspur Municipal Corporation) to construct the new Bio Sewerage Treatment Plant. iii) Any other Order as this Hon'ble Court may deem fit and appropriate in the light of the facts and circumstances mentioned hereinabove. 2. At the very outset, learned State counsel submits that the reliefs sought by the petitioner in the writ petition is of public interest and the petition filed by the petitioner is in individual capacity, therefore, this petition is not maintainable. 3. I have heard counsel for the parties and perused the documents annexed with the writ petition. 4. From perusal of the writ petition as well as the reliefs sought by the petitioner, it appears that the petitioner has sought reliefs in public interest, whereas the petition has been filed by him in individual capacity, therefore, this Court is of the view that the writ petition is not maintainable under Article 226 of the Constitution of India. Even in individual capactiy also the writ petition is not maintainable as 4 there are alternative forums are there under different Act or provision for redressal of grievance of the petitioner. 5. Accordingly, the petition filed by the petitioner is hereby dismissed for not being maintainable. Sd/- (Bibhu Datta Guru) Judge Shoaib