Smt. Ambalika Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing WA No. 147 of 2021 • Smt. Ambalika Kashyap W/o Janmejay Kashyap Aged About 47 Years R/o Village Nigarband, Tahsil Takhatpur, District Bilaspur (Chhattisgarh).

---- Appellant

Versus

• State of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhavan Mantralaya, Atal Nagar, Raipur, District Raipur (Chhattisgarh) • Collector Bilaspur, District Bilaspur (Chhattisgarh). • Chief Executive Officer Janpad Panchayat, Takhatpur, District Bilaspur (Chhattisgarh).

• Sub Divisional Officer (Revenue) Kota, District Bilaspur (Chhattisgarh). • Smt. Ishwari Surendra Kashyap W/o Yashwant Kashyap Aged About 34 Years R/o Village Nigarband, Tahsil Takhatpur, District Bilaspur (Chhattisgarh).

---- Respondents For Appellant - Dr. N.K. Shukla, Senior Advocate with Shri Ishan Verma, Advocate.

For Respondents - Shri V.R. Tiwari, Additional Advocate General with Shri Chandresh Shrivastava, Dy. Advocate General.

Hon'ble Shri Prashant Kumar Mishra, Ag.Chief Justice. Hon'ble Shri Parth Prateem Sahu, J.

Order On Board By Hon'ble Shri Prashant Kumar Mishra, Ag.Chief Justice. 15/06/2021

1. This writ appeal is directed against the interim Order passed by the learned Single Judge on 23-11-2020 in WPC No.2888/2020.

2. Against the same Order, the appellant had approached the Hon'ble Supreme Court by preferring Special Leave Petition (C) No (s). 3910 of 2021. The Special Leave Petition has been disposed of vide Order dated 19-03-2021 vide Annexure A-4. The Order reads thus:- " The petition takes exception to the order of status quo passed by the High Court of Chhattisgarh at Bilaspur on 23-11-2020.

Counsel for the petitioner submits that taking advantage of the status quo order, the opposite party is unnecessarily raising issues which are avoidable. For, recounting was done on 11-11-2020 pursuant to the order dated 04-11-2020 passed by the High Court.

Once recounting is done in earlier point of time, the order of status quo would mean that that position to continue until further orders to be

passed by the High Court in the pending proceedings.

In that view of the matter, nothing more is required to be done in the special leave petition. If the respondent(s) are causing any obstruction, it is open to the petitioner to approach the High Court for appropriate directions, if so advised. The special leave petition and pending applications are disposed of accordingly."

3. Since the same impugned Order has already been tested by the Hon'ble Supreme Court, this Court cannot take a different view of the matter, therefore, the writ appeal has no substance.

4. Accordingly, the present writ appeal is dismissed. SD/- SD/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Amardeep