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High Court Of ChhattisgarhWPC/6843/2011disposed off

Smt. Poornima Bai Sahu v. State Of Chhattisgarh And ORS.

2018-01-04Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. ( C ) No.

of 20 Smt. Poornima Bai Sahu, Aged about 40 years, W/o Shri Kanhaiya Lal Sahu, Ex Sarpanch Village Tumdileva, R/o Village - Jarahi, Tahsil & District Rajnandgaon (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through: The Principal Secretary, Revenue/Panchayat Department, Mantalaya, D.K. Bhavan, G.E. Road, Raipur (C.G.)

2. The Tahsildar, Rajnandgaon, Tah. & Distt. Rajnandgaon (C.G.)

3. The Chief Executive Officer, Gram Panchayat Rajnandgaon, Office-Gram Panchayat, Rajnandgaon, District Rajnandgaon (C.G.)

4. Gram Panchayat, Tumdileva, Through - Chief Executive Officer, Gram Panchayat, Tumdhileva, Village- Tumdhileva, Tah. & Distt. Rajnandgaon (C.G.)

5. Satish Kumar Sahu, S/o Late Shri Baratu Ram Sahu, The Then Secretary Gram Panchayat Tumdileva, R/o Village Bhihav Road, P.O. Uparvah, Tah. & Distt. Rajnandgaon (C.G.)

6. Durgesh Kumar Sahu, S/o not known, The Then Contractor, R/o Village Tulsipar, Rajnandgaon, Tah. & Distt. Rajnandgaon (C.G.) ---- Respondent For Petitioner : Mr. Rahul Tamaskar, Advocate. For State : Mr. R.N. Pusty, Govt. Advocate.

For Respondent No. 5 : : Mr. A.D. Kuldeep, Advocate. For Respondent No. 6 : : Mr. Abhishek Sharma, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 4 /0 1 /201 (1) Learned counsel for the petitioner would submit that the order of recovery has been passed against the petitioner without giving him due opportunity of hearing, therefore, direction may be issued to the

respondent No. 2- Tahsildar to pass reasoned & speaking order after giving him due opportunity of hearing.

(2) Prayer appears to be fair & reasonalbe and accordingly the same is allowed.

(3) Be that as it may, the petitioner is at liberty to file reply before the Tahsildar and in turn the Tahsildar shall consider the same and pass reasoned and speaking order in accordance with law expeditiously preferably within a period of three months from the date of receipt of certified copy of this order.

(4) With the aforesaid direction, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-