High Court Of ChhattisgarhWPC/2632/2017allowed

Deepmala Yadav v. State Of Chhattisgarh

2017-10-03Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 26 of 2017 Deepmala Yadav, W/o Shri Manoj Yadav, aged about 28 years, R/o Village Nadeli, Tahsil Pamgarh, District Janjgir-Champa (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Panchayat, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

2. Sub Divisional Officer, Revenue prescribed authority under Panchayat Raj Adhiniyam, Pamgarh, District Janjgir-Champa (C.G.)

3. Chief Executive Officer, Janpad Panchayat, Pamgarh, District JanjgirChampa (C.G.) ---- Respondents For Petitioner : Shri H.V. Sharma, Advocate.

For Respondent/State : Shri Ashish Surana, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/10/2017 (1) Learned counsel for the petitioner would submit that recovery proceedings under Section 92 of the C.G Panchayati Raj Adhiniyam, 1993 (for short "Adhiniyam, 1993") has been initiated against the petitioner and during pendency of the same, warrant of arrest has also been issued against the petitioner and, therefore, the order for warrant of arrest be set aside. (2) On the other hand, counsel for the State opposes the writ petition. (3) I have heard learned counsel appearing for the parties and perused the impunged show cause notice with utmost circumspection. (3) Proceedings under Section 92 of the Adhiniyam, 1993 has been issued against the petitioner and the petitioner may file reply to the show cause notice within 30 days.

(4) Since the proceedings under Section 92 of the Adhiniyam, 1993 is aloready going on against the petitioner, it was not proper on the part of the Sub Divisional Officer (Revenue) to issue warrant of arrest against the petitioner. Therefore, warrant of arrest issued against the petitioner is set aside. The Sub Divisional Officer, Pamgarh is directed to conclude the proceedings initiated against the petitioner within a period of six months from the date of receipt of certified copy of this order.

(5) Accordingly, the writ petition is allowed to the extent indicated hereinabove.

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