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High Court Of ChhattisgarhWPPIL/11/2017dismissed

Ajay Patel v. State Of Chhattisgarh

2017-01-25Hon'Ble The Chief Justice,Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 11 of 2017

1. Ajay Patel S/o Shivpal, Aged About 34 Years R/o Village & Gram Panchayat Khapridih, Police Station Gidhouri, District Balouda Bazar Bhatapara (Chhattisgarh)

2. Babulal Kewat S/o Nankiram Aged About 50 Years R/o Village & Gram Panchayat Khapridih, Police Station Gidhouri, District Balouda Bazar Bhatapara (Chhattisgarh)

3. Basant Kumar Kaiwartya S/o Firat Ram, Aged About 36 Years R/o Village & Gram Panchayat Khapridih, Police Station Gidhouri, District Balouda Bazar Bhatapara (Chhattisgarh)

4. Jambulal Kewat S/o Saheblal Kewat, Aged About 32 Years R/o Village & Gram Panchayat Khapridih, Police Station Gidhouri, District Balouda Bazar Bhatapara (Chhattisgarh) ---- Appellants

Versus

1. State Of Chhattisgarh Through The Principal Secretary Panchayat & Rural Development Department, Mahanadi Bhawan, New Raipur (Chhattisgarh)

2. The Collector, Balauda Bazaar Bhatapara, District Balauda Bazaar Bhatapara (Chhattisgarh)

3. Gram Panchayat Khapridih Through Its Secretary, Khapridih, Police Station Gidhouri, District Balouda Bazar Bhatapara (Chhattisgarh)

4. Khageshwar Das Vaishnav S/o Kumar Das, Aged About 37 Years Sarpanch, Gram Panchayat Khapridih, Police Station Girdhouri, District Balouda Bazar Bhatapara (Chhattisgarh)

5. The Zila Panchayat Balouda Bazar Bhatapara Through Its Chief Executive Officer, District Balouda Bazar Bhatapara (Chhattisgarh) ---- Respondents For Appellants : Shri Rakesh Pandey, Advocate.

For Respondent/State : Shri Y.S. Thakur, Additional Advocate General. Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Order on Board Per Deepak Gupta, Chief Justice 25/01/2017 1.

The grievance of the Petitioners in this petition is that Respondent No.4/Sarpanch, Gram Panchayat, Khapridih has embezzled the funds of the Gram Panchayat. Alongwith this petition, the Petitioners have attached a

complaint (Annexure P/9) addressed to the Additional Chief Secretary, Panchayat Department, State of Chhattisgarh as well as the Chief Executive Officer, Jila Panchayat, Balodabazar, Chhattisgarh wherein such allegations have been made. This complaint is only made on 25.11.2016 and obviously, this cannot be decided in only one or two months.

2.

We therefore dispose of this petition with a direction to Respondents No.1 and 5 to take action to verify the allegations made in the complaint and thereafter send a reply to the Petitioners with regard to the action, if any taken. Decision in this regard be conveyed latest by 30.4.2017. In case, no decision is taken by 30.4.2017, the Petitioners are at liberty to approach this Court again by filing a petition. The Petitioners are also at liberty to make representation before the prescribed authority under the provisions of Panchayat Raj Adhiniyam. Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Anu