Gram Panchayat Sihawa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.894 of 2017 Gram Panchayat Sihawa Gram Sihawa, Block Nagri, District Dhamtari (Chhattisgarh) Through The Sarpanch, Gram Panchayat Sihawa, Block Nagri, District Dhamtari (Chhattisgarh).

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, New Mantralaya, District Raipur (Chhattisgarh).

2. The Collector, Dhamtari, District Dhamtari (Chhattisgarh).

3. The Chief Executive Officer, Jila Panchayat, Dhamtari, District Dhamtari (Chhattisgarh).

4. The Chief Executive Officer. Janpad Panchayat Nagri, District Dhamtari (Chhattisgarh).

5. Executive Engineer, Rural Engineering Services, Dhamtari, District Dhamtari (Chhattisgarh).

---- Respondents For Petitioner :

Shri Rakesh Anthony, Advocate.

For respondents/State :

Shri B. Gopa Kumar, Deputy Advocate General.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per, Thottathil B. Radhakrishnan, CJ 13/04/2017

1. The petitioner, which is a Gram Panchayat, challenges the proposal of the Collector to rearrange construction which is entrusted to the petitioner.

2. Though it is shown by the petitioner that an advertisement has been issued which reflects the proposal for alternative arrangement to carry out the work, learned Deputy Advocate General submits that he has

instructions from the Collector that pursuant to the order of this court issued on 23.03.2017 in Writ Petition (C) No.683 of 2017 (Ex.P/6), the proposal to rearrange the work will be kept on hold if the petitioner proceeds to carry out the construction work in a time bound manner. Hence, it is directed that if the petitioner carries out the work as expeditiously as possible to the satisfaction of the Collector in terms of requisite time frame and quality, the proposal to rearrange the work will be deferred and the petitioner, being a Gram Panchayat, will be permitted to complete the work.

3. The writ petition is ordered directing as aforesaid and also ordering that the proposal to invite fresh tender will be kept in abeyance if the Collector is satisfied that the petitioner is carrying on with the work in terms of what is stated above.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) Chief Justice Judge inder