Harbai Bhaina v. Gangaram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.375 of 2017 Harbai Bhaina, wife of Milanram Bhaina, aged about 39 years, Sarpanch, Gram Panchayat Kumhari, Block Kasdol, District Balodabazar Bhatapara (Chhattisgarh) Civil and Revenue District Balodabazar Bhatapara (Chhattisgarh) ---- Appellant versus

1. Gangaram, son of Panchram Pradhan,

2. Mewalal Shriwas, son of Bodhram Shriwas (Up Sarpanch)

3. Shailendra Patel, son of Babulal Patel,

4. Dilip Patel, son of Shobhitram Patel (Panch)

5. Pyarelal Patel, son of Santram Patel

6. Shankarlal Sahu, son of Sukhram Sahu

7. Shatruhan Pradhan, son of Hukum Pradhan (Panch)

8. Sonalal Patel, son of Timulal Patel (Panch)

9. Tiharuram Patel, son of Uttar Singh Patel 10.Dushasan Pradhan, son of Mangal Singh No.1 to 10 are resident of Gram Panchayat Kumhari, Block Kasdol, District Balodabazar Bhatapara, Chhattisgarh

11. The Collector, District Balodabazar Bhatapara, Chhattisgarh 12.The Sub Divisional Officer (Revenue), Kasdol, District Balodabazar Bhatapara, Chhattisgarh 13.The Chief Executive Officer, Janpad Panchayat Kasdol, District Balodabazar Bhatapara, Chhattisgarh ---- Respondents For Appellant :

Shri K.K. Singh, Advocate For State/Respondents :

Shri U.N.S. Deo, Government Advocate

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Arvind Singh Chandel Order on Board Per Pritinker Diwaker, J.

1.11.2017 1.

Learned Counsel appearing for the Appellant after arguing for sometime wants to withdraw this appeal with liberty to avail the alternative remedy available to her under the law. He, however, submits that as the Appellant was pursuing the writ petition and the writ appeal, a revision to be preferred by her would be time barred and, therefore, the revisional authority be directed to ignore the point of limitation while entertaining the same. 2.

Learned Counsel appearing for the State submits that the Appellant would be at liberty to file an appropriate application seeking condonation of delay and the said application shall be considered in accordance with law.

3.

Be that as it may, the Appellant is permitted to withdraw the appeal with the aforesaid liberty. In the eventuality of filing of a revision by the Appellant along with an application seeking condonation of delay, it is expected from the competent authority to pass appropriate orders in accordance with law.

Sd/- Sd/- (Pritinker Diwaker) (Arvind Singh Chandel) Judge Judge Gopal