High Court Of ChhattisgarhWPC/245/2019disposed off

Smt. Saroj Yadav v. State Of Chhattisgarh

2019-02-05Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 245 of 2019

1. Smt. Saroj Yadav W/o Shri Jageshwar Yadav Aged About 40 Years Sarpanch Of Gram Panchayat, Saida, R/o Village Saida, Block And Tahsil Takhatpur, District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh.

2. The Collector Bilaspur, District Bilaspur Chhattisgarh.

3. The Chief Executive Officer Zila Panchayat Cum Secretary, District Clean India Mission (Rural), Bilaspur, District Bilaspur Chhattisgarh.

4. The Sub Divisional Officer (Revenue), Kota, District Bilaspur Chhattisgarh.

5. The Chief Executive Officer Janpad Panchayat, Takhatpur, District Bilaspur Chhattisgarh.

6. Rajesh Dubey S/o Shyamsunder Dubey Aged About 40 Years Up - Sarpanch, Resident Of Village Saida, Block And Tahsil Takhatpur, District Bilaspur Chhattisgarh.

---- Respondent For Petitioner Shri Bharat Rajput, Advocate For Respondent/State Shri Ashish Surana, Panel Lawyer Order On Board By Prashant Kumar Mishra, J.

05/02/2019

1. This petition is preferred against the interim order dated 10-1-2019 passed by the Collector, Bilaspur, rejecting the petitioner's prayer for grant of stay of the effect and operation of order dated 9-1-2019 passed under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

2. Ordinarily, the writ petition against the interim order is not entertained and that too when the petitioner has been removed from the office of the Sarpanch on certain allegations, which have been enquired by the competent authority.

3. Instead of keeping this matter pending, it would be appropriate to dispose of the writ petition with direction to the appellate authority i.e. the Collector, Bilaspur, to consider and decide the petitioner's pending appeal expeditiously preferably within a period of two months.

4. Accordingly, the writ petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Gowri