High Court Of ChhattisgarhWPS/1076/2021disposed off

Kumar Sai Chauhan v. State Of Chhattisgarh

2021-03-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1076 of 2021 Kumar Sai Chauhan S/o Late Shri Kedarnath Chauhan, Aged About 50 Years, R/o Ward No. 14, Nagar Panchayat Shivrinarayan, Police Station Shivrinarayan, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Civil & Revenue District Raipur, Chhattisgarh

2. Collector, Janjgir, Civil And Revenue District Janjgir Champa, Chhattisgarh

3. Chief Executive Officer, Jila Panchayat Janjgir, Civil And Revenue District Janjgir Champa, Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Nawagarh, Civil And Revenue District Janjgir Champa, Chhattisgarh

5. Deputy Director, Panchayat And Social Welfare Department, District Janjgir Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ramesh Nayak, Advocate For State :

Mr. Vikash Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.03.2021

1. The challenge in the present writ petition is to the order Annexure P-10 dated 24.09.2020 whereby the Chief Executive Officer, Zila Panchayat,

Janjgir has ordered for recovery of Rs.30,600/- from the petitioner.

2. Prima facie, this Court is of the opinion that the writ petition would not be maintainable at this juncture on the ground of there being an alternative remedy of appeal available to the petitioner. The appeal in the instant case lies to the General Administration Committee. Moreover, another fact which further influences this Court not to entertain the writ petition is that the present writ petition has been filed after a period of more than 4 months from the date the impugned order was passed and the petitioner had sufficient time in between to approach the appellate authority in accordance with law.

3. Accordingly, the present writ petition stands disposed of at this juncture reserving the right of the petitioner to avail the alternative remedy of appeal, if he so wants.

Sd/- P. Sam Koshy Judge Khatai