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High Court Of ChhattisgarhWPC/1585/2015dismissed

Jai Maa Ikaiso Machhuwara Kalyan Samiti Awrid v. State Of Chhattisgarh

2015-09-07Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1585 of 2015

1. Jai Maa Ikaiso Machhuwara Kalyan Samiti Awrid Through Its President Bhag Ram Kashyap, S/o Vishram Kashyap, Aged About 27 Years, R/o Village Awrid, Post Office Semra, Police Station Nawagarh, District Janjgir- Champa, (Chhattisgarh)

2. Jai Maa Saraswati Machhuwara Kalyan Samiti Awrid, Through Its President Bheesham Das Manikpuri, S/o Khikh Das, Aged About 32 Years, R/o Village Awrid, Post Office Semra, Police Station Nawagarh, District Janjgir- Champa, (Chhattisgarh)

3. Jai Maa Banjari Machhuwara Kalyan Samiti Awrid, Through Its President Ashok Kumar Kashyap, S/o Babu Lal Kashyap, Aged About 25 Years, R/o Village Awrid, Post Office Semra, Police Station Nawagarh, District Janjgir- Champa, (Chhattisgarh)

4. Jai Maa Durga Machhuwara Kalyan Samiti Awrid, Through Its Secretary Ramayan Prasad Kashyap, S/o Late Badri Prasad Kashyap, Aged About 60 Years, R/o Village Awrid, Post Office Semra, Police Station Nawagarh, District Janjgir- Champa, (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Fishery, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)

2. Director, Fishery Department, Raipur, District Raipur, (Chhattisgarh)

3. Collector, Janjgir, District Janjgir- Champa, (Chhattisgarh)

4. Chief Executive Officer, Zila Panchayat Janjgir Champa, P. S. Janjgir Champa, District Janjgir- Champa, (Chhattisgarh)

5. Chief Executive Officer , Janpad Panchayat Nawagarh, P. S. Nawagarh, District Janjgir- Champa, (Chhattisgarh)

6. Assistant Director, Fishery Department, Janjgir, District Janjgir- Champa, (Chhattisgarh)

7. Gram Panchayat Awrid, Through The Sarpanch, Gram Panchayat Awrid, Janpad Panchayat Nawagarh, District Janjgir Champa, (Chhattisgarh)

8. Mahamaya Machhuwara Samiti Maryadit Awrid, Through Its President Namely Phagu Ram Dhiver, S/o Vishram Dhiver, Aged About 35 Years, R/o Village Avrid, Block & Tahsil Nawagarh, District Janjgir Champa, (Chhattisgarh) ---- Respondents For Petitioners :

Shri V.K. Pandey, Advocate For Respondent/State :

Shri Satish Gupta, Government Advocate on advance copy.

Order On Board 07/09/2015 Heard.

1.

Though number of grounds have been urged to assail legality and validity of order dated 14.08.2015 passed by the Collector setting aside the resolution of the Gram Panchayat, taking into consideration that there is efficacious statutory remedy of appeal provided under the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 and the petitioner may prefer appeal before the Director/ Commissioner Panchayat, this petition is dismissed as withdrawn with liberty to prefer statutory appeal before the Commissioner. The period from the date of filing of the petition, till the date of obtaining certified copy, shall be excluded for the purposes of limitation.

2.

Certified copy of the impugned order (Annexure P/1) may be returned to him after retaining photocopy of the same.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha