High Court Of ChhattisgarhWPC/2909/2016disposed off

Santosh Kumar Shyam v. State Of Chhattisgarh

2016-11-24Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2909 of 2016 • Santosh Kumar Shyam S/o Sukhram Shyam, Aged 31 Years Up- Sarpanch Gram Panchayat Kukdur, Tahsil Pandariya, District Kabirdham, R/o Ward No. 09, Gram Panchayat Kukdur, Tahsil Pandariya, District Kabirdham (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Welfare, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh)

2. Additional Collector, Kabirdham (Chhattisgarh)

3. Sub Divisional Officer ( Revenue), Pandariya, District Kabirdham, (Chhattisgarh)

4. Smt. Satwan Bai Markam, Sarpanch, Gram Panchayat- Kukdur, Tahsil Pandariya, District Kabirdham, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Malay Shrivastava, Advocate For Respondents-State :

Shri AS Kachchwaha, Addl. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 24/11/2016

1. Sarpanch of Gram Panchayat Kukdur, Tahsil Pandariya, District Kabirdham, was placed under suspension by the prescribed authority i.e. the SubDivisional Officer (R), Pandariya, in exercise of powers under Section 39 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993'). Sarpanch was also issued notice under Section 40 of the Adhiniyam, 1993 for his removal, however, subsequently, the prescribed authority reinstated the Sarpanch by preponding the date of hearing from

26.02.2016 to 18.02.2016. Challenging the order dated 18.02.2016, the petitioner has preferred revision application before the Additional Collector, Kabirdham, which is pending consideration since 22.03.2016.

2. In the present petition, the petitioner has prayed for a limited relief for a direction to the Additional Collector to decide his revision application at the earliest.

3. Considering the fact that the revision application is pending consideration for the last more than 8 months, ends of justice would be served if the Additional Collector, Kabirdham is directed to decide petitioner's pending revision application at the earliest, preferably within a period of six weeks from the date of submission of certified copy of this order. It is ordered accordingly.

4. Accordingly, the writ petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Ashu