Sarojani Miri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 4 of 2016 Sarojani Miri W/o Rajendra Kumar Miri aged about 26 years, R/o Village Bhaneshar, Janpad Panchayat Masturi, P.S. Masturi, District Bilaspur (Chhattisgarh) ---- Appellant

Versus

1. State of Chhattisgarh through the Secretary, Panchayat and Rural Welfare Department Mantralaya, Mahanadi Bhawan, New Raipur District Raipur (Chhhattisgarh)

2. Collector, Bilaspur (Chhattisgarh)

3. Tahsildar, Masturi, District Bilaspur (Chhattisgarh)

4. Gram Panchayat Bhaneshar, through The Sarpanch, Gram Panchayat Bhaneshar, Janpad Panchayat Masturi, District Bilaspur (Chhattisgarh) ---- Respondents For Appellant :

Shri Suresh Verma, Advocate.

For State/Respondent :

Shri UNS Deo, Government Advocate Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Judgment on Board Per Navin Sinha, Chief Justice 14/01/2016 1.

The present appeal arises from order dated 16.11.2015 dismissing Writ Petition (S) No.4026 of 2015 declining to issue mandamus for appointment of the Appellant as Kotwar on a recommendation stated to have been made by the Gram Panchayat.

2.

Learned Counsel for the Appellant submits that he only seeks a direction to the Collector for examining the matters and then if satisfied, direct creation of a post of Kotwar in village Bhaneshar, Tahsil Masturi, District Bilaspur.

3.

Learned Counsel for the State submits that these are matters of policy and creation of post is the privilege of the government based on satisfaction of the authorities themselves.

4.

Upholding the submission on behalf of the State, the writ appeal is disposed with the observation that it is for the Collector to take an appropriate decision in the matter.

5.

The appeal stands disposed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu