Ku. Afija Malik v. State Of Chhattisgarh
-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 497 OF 2017 Deepak Kumar Tiwari, S/o Shri Tandan Ram Tiwari, aged about 33 years, Assistant Teacher (Panchayat) at Govt. Primary School, Tikathi, P.S. & BlockMarwahi, Civil & Revenue Distt. Bilaspur (C.G.) ... Petitioner
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State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, New Raipur (C.G.) 2.
The District Panchayat Bilaspur, through its Chief Executive Officer, District Bilaspur (C.G.) 3.
The Janpad Panchayat Marwahi, through its Chief Executive Officer, District Bilaspur (C.G.) The Block Education Officer, Block Marwahi, District Bilaspur (C.G.) ... Respondents WRIT PETITION (S) NO. 522 OF 2017 Mohan Ram Mishra, S/o Shri Ramgopal Mishra, aged about 44 years, Assistant Teacher (Panchayat) at Govt. Primary School, Nawatola Lohari, P.S. & Block- Marwahi, Civil & Revenue Distt. Bilaspur (C.G.) ... Petitioner
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State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, New Raipur (C.G.) 2.
The District Panchayat Bilaspur, through its Chief Executive Officer, District Bilaspur (C.G.) 3.
The Janpad Panchayat Marwahi, through its Chief Executive Officer, District Bilaspur (C.G.) The Block Education Officer, Block Marwahi, District Bilaspur (C.G.) ... Respondents WRIT PETITION (S) NO. 527 OF 2017 Smt. Rukmani Kashyap, W/o Shri Lave Kumar Kashyap, aged about 36 years, Assistant Teacher Panchayat, Govt. Higher Secondary School, Andi, BlockMarwahi, District Bilaspur (C.G.) ... Petitioner
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State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, New Raipur (C.G.) 2.
The District Panchayat Bilaspur, through its Chief Executive Officer, District Bilaspur (C.G.) 3.
The Janpad Panchayat Marwahi, through its Chief Executive Officer, District Bilaspur (C.G.) The Block Education Officer, Block Marwahi, District Bilaspur (C.G.) ... Respondents WRIT PETITION (S) NO. 492 OF 2017 Pawan Kumar Dubey, S/o Shri Rati Ram Dubey, aged about 35 years, Assistant Teacher (Panchayat) at Govt. Primary School, Dhobhar, P.S. & Block- Marwahi, Civil & Revenue Distt. Bilaspur (C.G.) ... Petitioner
-2Versus 1.
State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, New Raipur (C.G.) 2.
The District Panchayat Bilaspur, through its Chief Executive Officer, District Bilaspur (C.G.) 3.
The Janpad Panchayat Marwahi, through its Chief Executive Officer, District Bilaspur (C.G.) The Block Education Officer, Block Marwahi, District Bilaspur (C.G.) ... Respondents WRIT PETITION (S) NO. 496 OF 2017 Ku. Afija Malik, D/o Late Mohd. Yunus Malik, aged about 40 years, Assistant Teacher (Panchayat) at Govt. Primary School, Navatola Lohari, P.S. & BlockMarwahi, Civil & Revenue Distt. Bilaspur (C.G.) ... Petitioner
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State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, New Raipur (C.G.) 2.
The District Panchayat Bilaspur, through its Chief Executive Officer, District Bilaspur (C.G.) 3.
The Janpad Panchayat Marwahi, through its Chief Executive Officer, District Bilaspur (C.G.) The Block Education Officer, Block Marwahi, District Bilaspur (C.G.) ... Respondents For Petitioners :
Mr. Abhishek Pandey, Advocate.
For Respondent-State :
Mr. B. Gopa Kumar, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 03/03/2017 1.
Counsel for the respective Petitioners submits that the issue involved in the present cases and the orders under challenge in these writ petitions all are appealable orders and the appeal would lie before the Commissioner, Revenue Division.
2.
According to the Counsel for the Petitioners, this Court already in Writ Petition (S) No. 634 of 2017, decided on 7.2.2017, has directed the petitioner therein to ventilate his grievance by preferring an appeal before the Commissioner, Revenue Division.
3.
In the light of the aforesaid fact, this Court is also of the view that the present writ petitions at this juncture would not be maintainable, as the
-3Petitioners have an alternative statutory remedy of preferring an appeal before the Commissioner, Revenue Division.
Accordingly, the present writ petitions are disposed of, with a liberty to the Petitioners to prefer an appeal before the Commissioner, Revenue Division, within a period of 30 days from today, as has been granted in Writ Petition (S) No. 634 of 2017, decided on 7.2.2017. 5.
In the event of the Petitioners' submitting appeal before the Commissioner, Revenue Division, the same should be entertained and decided by the said authority, within a period of 30 days from the date of receipt of certified copy of this order along with memo of appeal. 6.
With the aforesaid observations, the present writ petitions stand finally disposed of.
Sd/- (P. Sam Koshy) /sharad/ Judge