High Court Of ChhattisgarhWPS/6223/2016dismissed

Smt. Pooja Thakur v. State Of Chhattisgarh

2016-12-20Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (S) No.

of 201 • Smt. Pooja Thakur, W/o Chanderkant Singh, aged about 31 years, Resident of C/o K.S. Thakur, Near Ghanshyam Tailors, Santoshi Chowk, Kushalpur, Raipur, Tahsil and District Raipur (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur (M.P.)

2. Chief Executive Officer, Janpad Panchayat Chhura, District Gariyaband (C.G.)

3. Collector, Gariyaband, District Gariyaband (C.G.)

4. Commissioner, Raipur Division, Raipur (C.G.) ---- Respondents For Petitioner : Mr. H.B. Agrawal, Sr. Advocate with Smt. Meera Jaiswal, Advocate.

For Respondents/State : Mr. Prasun Bhaduri, Govt. Advocate. Hon'ble Shri Justice Manindra M. Shrivastava Order On Board 20.12.2016 (1) The order passed by the State Government dismissing the petitioner's revision as not maintainable vide order dated 20.07.2016 is under challenge before this Court. (2) The petitioner has also challenged the order of appellate authority passed by Commissioner, Revenue Division, Raipur. (3) Though, learned counsel appearing for the petitioner

argued that the State Government was not justified in holding that revision petition is dismissed as not maintainable, I find that the petitioner himself approached the Commissioner, Revenue Division, Raipur by filing appeal against the order of Collector whereas under the statutory scheme of Rule 3 of C.G. Panchayats (Appeal and Revision) Rules, 1995, in the case of an order passed by the Collector, appeal would lie before the Director (Panchayat).

(4) In view of above, it appears that the petitioner himself approached before the incompetent authority, who has passed some order in the matter therefore, leaving the petitioner to take recourse to the appropriate forum that may be available to him under the provisions of law, this writ petition is liable to be dismissed.

(5) Accordingly, the writ petition is dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge D/-