High Court Of ChhattisgarhWPS/3141/2017disposed off

Smt. Mohan Bai v. State Of Chhattisgarh

2017-07-19Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3141 of 2017 Smt. Mohan Bai W/o Gendram, Aged About 28 Years Working As Anganbadi Sahayika , At Anganbadi Kendra Madhaibhata, Janpad Panchayat Bilaigarh District Balodabazar Bhatapara Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District : Raipur (Chhattisgarh)

2. The Collector, Balodabazar District Balodabazar Bhatapara Chhattisgarh.

3. District Program Officer, Women And Child Development Department, Balodabazar District Balodabazar Bhatapara Chhattisgarh.

4. Project Officer, Child Development Department Bhatgaon, Balodabazar District Balodabazar Bhatapara Chhattisgarh.

5. Chief Executive Officer, Janpad Panchayat, Bilaigarh, District Balodabazar Bhatapara (Chhattisgarh)

6. Rekha Ratre, W/o Rambharose Ratre R/o Madhaibhata, Tahsil Bilaigarh District Balodabazar Bhatapara Chhattisgarh.

---- Respondents For Petitioner :

Shri Jitendra Pali, Advocate appears on behalf of Shri Mateen Siddiqui, Advocate For State :

Shri S.P. Kale, Dy.A.G.

For Caveator :

Ms. Supriya Upasane, Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/07/2017 Heard.

1. Though number of grounds have been urged before this Court to assail correctness and validity of the impugned order passed by the Collector, learned counsel for the petitioner could not dispute that against the order of the Collector, there is an efficacious remedy of appeal before the Commissioner (R).

-22. Therefore, in these circumstances, when the impugned order is not challenged on the ground of absence of jurisdiction to exercise appellate jurisdiction by the Collector or that order in appeal was passed without giving notice to the petitioner, I am not inclined to entertain the petition on the face of availability of alternative remedy.

3. The petition is accordingly dismissed with liberty to the petitioner to file an appeal and also pray for interim relief.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen