Kamal Kant v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1506 of 2007 • Kamal Kant S/o Rudeshwar Prasad Rajwar, aged 19 years, R/o Village Meko, Gram Panchayat, Salba, P.S. & Tah. Baikunthpur, District-Korea, ---- Petitioner

Versus

1. State Of Chhattisgarh through Secretary, Panchayat Department, D.K.S. Bhavan, Raipur (C.G.)

2. Sub Divisional Officer (Revenue), Baikunthpur, District-Korea (C.G.)

3. Sarpanch, Gram Panchayat Salba, P.S. & Tah. Baikunthpur, District-Korea,

4. Anil Kumar Dubey S/o Kamla Prasad Dubey, R/o Village Salba, Bakunthpur,P.S. & Tahsil-Baikunthpur, District-Korea (C.G.)

5. Panchayat Inspector (Ravishankar Gupta) Janpad Panchayat Baikunthpur, District Korea (C.G.) ---- Respondents For Petitioner Ms. Meena Shastri, Advocate For Respondent-State Ms. K. T. Rao, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 05/05/2017 1.

Petitioner appeared in the selection process for appointment of Panchayat Karmi of Gram Panchayat, Salba. He is challenging the resolution passed by the Gram Panchayat and the appellate order, whereby the SDO (Revenue), Baikunthpur has dismissed the appeal on the ground that the resolution of Gram Panchayat

not being an order, is not appealable under Rule 3 of the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995. 2.

The writ petition is pending since 2007 and in the meanwhile, the respondent No.4 has been appointed as Panchayat Karmi of the Gram Panchayat, Salba. The petitioner is not challenging the order of appointment, therefore, the writ petition is not maintainable in its present form.

3.

Accordingly, the writ petition is disposed of with liberty to the petitioner to challenge the order of appointment before the Appellate Authority i.e. the SDO (Revenue) having jurisdiction over the matter. If such an appeal is filed, the Appellate Authority shall consider the appeal on merits.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala