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High Court Of ChhattisgarhWPS/932/2016disposed off

Tuleshwar Kumar Sahu v. State Of Chhattisgarh

2016-04-12Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.932 of 2016 Tuleshwar Kumar Sahu, S/o Shri Rohit Kumar Sahu, aged about 30 years, Post Rojgar Sahayak, R/o Village Bhedni, Post Saldha, Block Berla, Tahsil Berla, District Bemetara (CG). ---- Petitioner

Versus

1.

State of Chhattisgarh, through the Secretary, Department of Panchayat & Rural Development, Ministry, Mahanadi Bhawan, New Raipur, District Raipur (CG).

2.

Chief Executive Officer, District Panchayat, Bemetara, District Bemetara (CG).

3.

Chief Executive Officer, Janpad Panchayat Berla, District Bemetara (CG).

---- Respondents For Petitioner : Shri Alok Kumar Dewangan, Advocate.

For Respondents/State: Shri Dilman Rati Minj, Dy.G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/04/2016 (1) Heard.

(2) Learned counsel appearing for the State/respondents would submit that the impugned order dated 14.01.2016 passed by Chief Executive Officer, Janpad Panchayat, Berla is appealable before the Collector, Bemetara.

(3) Learned counsel appearing for the petitioner would submit that the petitioner may be permitted to withdraw the instant writ

petition with liberty to prefer an appeal before the Collector, Bemetara within a period of two weeks from today. (4) Prayer appears to be fair and reasonable.

(5) The writ petition is accordingly disposed of with a direction to the petitioner to prefer an appeal before the Collector, Bemetara. If such appeal is filed by the petitioner within a period of two weeks from today and, in turn, the Collector, Bemetara shall consider and decide the same in accordance with law and on its own merit preferably within a period of 45 days from the date of receipt of appeal along with copy of this order. (6) At this stage, learned counsel for the petitioner would further submit that he may be permitted to file application for stay before the said authority.

(7) The petitioner is also at liberty to file application for stay before the appellate authority. If such application is filed by the petitioner, the same is also expected to be decided by the appellate authority expeditiously in accordance with law. Sd/- (Sanjay K. Agrawal) Judge L/-