Elyakim Minj v. Jyoti Grace Tirkey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No.32 of 2017 Elyakim Minj S/o Late Bodra Minj, Aged About 58 Years R/o Barjor, Tah., P. O. & P. S. Kansabel, Dt. Jashpur Chhattisgarh. ---- Petitioner

Versus

1.

Jyoti Grace Tirkey (Sarpanch Barjor) W/o Kamil Tirkey, Aged About 45 Years, R/o Barjor, Tah., P. O. & P. S. Kansabel, Dt. Jashpur Chhattisgarh.

2.

Dilashwar Sai (Secretary, Barjor Punchayat) Tah., P. O. & P. S. Kansabel, Dt. Jashpur, Chhattisgarh.

3.

Mukesh Soni (MANREGA Rojgar Secretary), Tahsil Kansabel, Dist. Jashpur Chhattisgarh.

4.

CEO Janpad Panchayat, Tah. Kansabel, Dt. Jashpur Chhattisgarh.

5.

SDO Revenue, Tah. Kansabel, Dt. Jashpur Chhattisgarh. 6.

Collector, District Jashpur (Chhattisgarh) 7.

State Of Chhattisgarh, Through Secretary, Panchayat And Village Development Department, Mahanadi Bhawan, New Raipur Chhattisgarh.

----Respondents For Petitioner :

Ms. I. Lakra, Advocate For State :

Mr. Y.S. Thakur, Addl. Advocate General Hon'ble Shri Pritinker Diwaker, Acting Chief Justice Hon'ble Shri Justice Sanjay K. Agrawal Order On Board Per Pritinker Diwaker, Acting Chief Justice 07/03/2017 (1) Grievance of the petitioner is that instead of constructing Panchayat Bhawan at Khasra No. 335, abrupt decision has been taken by the local body to construct the said Panchayat Bhawan at

Khasra No.645. According to the petitioner, the land where now construction is being raised is about 4 km. away from the main village and this construction would be of no use for the villagers. (2) After arguing sometime, counsel for the petitioner wants to withdraw this petition with liberty to approach the Collector, District Jashpur. She further submits that if any such representation is made by the petitioner, the same may be directed to be decided by the concerned Collector in accordance with law considering all the aspect of the case.

(3) State counsel submits that the construction is being made strictly in accordance with law and there is no illegality in the same. He however has no objection if the petitioner approaches the concerned Collector and said authority passes order in accordance with law. (4) Accordingly, the petition is disposed of. If the petitioner makes any representation to the Collector, the same would be decided by the authority concerned strictly in accordance with law. (5) It is made that this Court has not observed anything on merits and the authority concerned would be at liberty to decide the representation to be preferred by the petitioner strictly in accordance with law.

(Pritinker Diwaker) (Sanjay K. Agrawal) Ag. Chief Justice Judge Laxmi