High Court Of ChhattisgarhWP/6760/2006disposed off

Savita Garg v. State Of Chhattisgarh And ORS.

2017-11-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.6760 of 2006 Smt. Savita Garg, wife of Shri Jham Singh Garg, aged about 33 years, resident of Village Bhakhara, Post-Bhakhara, Tehsil-Khrud, DistrictDhamtari (CG) ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Mahila Evam Bal Vikas Vibhag, D.K.S. Bhawan, Raipur (CG)

2. Commissioner, Mahila Evam Bal Vikas Chhattisgarh, Raipur

3. District Mahila Evam Bal Vikas Officer, Dhamtari, Disrict Dhamtari (CG)

4. Collector, Dhamtari, District Dhamtari (CG)

5. Chief Executive Officer, Janpad Panchayat, Kurud, District Dhamtari (CG)

6. Smt. Manjula Goswami, wife of Shri Suresh Ban Goswami, resident of Ward No.15, Mahavir Chowk, Village and Post-Bhakhra, TehsilKurud, District Dhamtari (CG)

7. Gram Panchayat Bhakhra, through Sarpanch of Gram Panchayat Bhakhra, Distt. Dhamtari (CG) ---- Respondents For Petitioner :

Mr.Awadh Tripathi, Advocate For Respondents No.1 to 4 :

Mr.Arvind Dubey, P.L.

For Respondent No.5 :

Mr.Arun Sao, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/11/2017

1. The petitioner has filed this writ petition under Article 226 of the Constitution of India against the order dated 31.7.2006 passed by respondent No.5/Chief Executive Officer, Janpad Panchayat, Kurud, District Dhamtari, whereby respondent No.5 has appointed respondent No.6 as Anganwadi Karyakata.

2. Learned counsel for respondent No.5 would submit that the present writ petition involves disputed question of law and it can be inquired into by the Collector in appeal under Rule 3 (d) of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 (hereinafter called as 'Rules of 1995').

3. Since the writ petition involves determination of disputed question of law, it would be appropriate to direct the petitioner to file an appeal under Rule 3(d) of the Rules of 1995 before the Collector, Dhamtari within one month from today and the Collector, Dhamtari is directed to decide the appeal within three months from the date of presentation of the appeal strictly in accordance with law after hearing all affected parties.

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

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