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High Court Of ChhattisgarhWPC/512/2018disposed off

Tikripara Mahila Swa- Sahatya Samuh v. State Of Chhattisgarh

2018-02-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 512 of 2018 Tikripara Mahila Swa- Sahatya Samuh ( A Society Registered Under The Provisions Of The Chhattisgarh Society Registration Act 1973 ) Having Its Office At Gram Panchayat Kirrari , Tahsil Akalatara District Janjgir Champa Chhattisgarh Through Its President Umeshwari Kashyap W/o Kedar Kashyap Aged 39 Years , R/o Village Kirrari , Tahsil Akaltara District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Food And Civil Supplies Mahanadi Bhawan Mantralaya Capital Complex New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector , Janjgir Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue) Janjgir District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Ma Gayatri Mahila Swa Sahayata Samuh, Gram Panchayat Kirrari, Tahsil Akaltara , District Janjgir Champa Chhattisgarh Through Its President / Secretary , Ma Gayatri Mahila Swa Sahayata Samuh , Gram Panchayat Kirrari , Tahsil Akaltara , District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. Vishnu Koshta, Advocate.

For Respondents :

Mr. B. Gopa Kumar, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/02/18 1.

This writ petition has been preferred by the petitioner being aggrieved by the order dated 05.02.2018 (Annexure - P/12) passed by the Collector, Janjgir Champa.

2.

Learned counsel appearing on behalf of petitioner would submit that the impugned order passed granting interim relief is unsustainable and bad

in law and is liable to be set aside.

3.

On the other hand, learned counsel for State would submit that petitioner may be granted liberty to make an application for vacating stay and appeal may be directed to be considered and decided afresh. 3.

I have heard learned counsel for the parties. 4.

The prayer appears to be fair and reasonable and is accordingly allowed.

5.

Be that as it may, the petitioner is directed to file an application for vacating stay before the Collector, Janjgir Champa that will be decided within a period of seven days from the date of receipt of application and the Collector, Janjgir Champa is further directed to dispose of the appeal after hearing the petitioner and respondent No. 4. The application for vacating stay may be filed on or before 05.03.2015 which is the date fixed for hearing before the Collector.

6.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Certified copy, today.

Sd/- (Sanjay K. Agrawal) Judge Priyanka