Trinath Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 660 of 2019 • Trinath Chouhan S/o Shri Lakhan Lal Chouhan Aged About 61 Years Working As Sarpanch In Gram Panchayat Kolaibaher (Jamgaon) R/o Village Panchayat Kolaibaher (Jamgaon), Tahsil Raigarh District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mahanandi Bhawan, Mantralaya, Naya Raipur (Atal Nagar) Chhattisgarh

2. Upper Commissioner (Bilaspur Division), Bilaspur District Bilaspur Chhattisgarh

3. Md. Akhtar ( Up Sarpanch)

4. Amana Khan (Panch)

5. Bahadur Chouhan (Panch)

6. Smt. Savitri (Panch)

7. Shyam Bai (Panch)

8. Uma Devi Chouhan (Panch) Respondent No.3 to 8 Gram Panchayat Kolaibaher (Jamgaon) Village Kolaibaher Tahsil Raigarh District Raigarh Chhattisgarh ---- Respondent For Petitioner Ms. Sharmila Singhai, Advocate For Respective Respondents Mr. Sudeep Verma, Dy. GA and Mr. Abhishek Saraf, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 25/2/2019

1. Heard.

2. Challenge herein is to the Revisional order passed by the Additional Commissioner, Bilaspur Division, dismissing the revision application against the order passed by the Collector, Raigarh on 1.1.2019 and vacating the earlier interim order passed in the petitioner's favour to stay the effect and operation of petitioner's removal from the ofÏce of Sarpanch under Section 40 of the C.G. Panchayat Raj Adhiniyam, 1993.

3. The instant writ petition effectively challenges the interim order passed by the Collector and the appellate main proceeding is still pending consideration before the Collector, therefore, ends of justice would be served if the Collector is directed to decide the pending appeal of the petitioner, at the earliest, preferably within a period of one month from today

4. It is ordered accordingly.

5. The writ petition is disposed of.

Sd/- (Prashant Kumar Mishra) Judge Shyna