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High Court Of ChhattisgarhWPC/2173/2017disposed off

Gopeshwar Sahu v. State Of Chhattisgarh

2017-08-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2173 of 2017 (Arising out of judgment/order dated ......... in Case No. ...... of the learned......) Gopeshwar Sahu S/o Shri Awadh Ram Sahu, Aged About 40 Years (Sarpanch), R/o Village Kokdi (Nari), Janpad Panchayat, Kurud, District Dhamtari, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh

2. The Collector, Dhamtari, District Dhamtari, Chhattisgarh

3. The Sub Divisional Officer (Revenue), Kurud, District Dhamtari, Chhattisgarh

4. The Chief Executive Officer, Kurud, District Dhamtari, Chhattisgarh ---- Respondents For Petitioners : Shri D.N. Prajapati, Advocate.

For Respondents : Shri Shashank Thakur, G.A.

For Caveater : Shri P.P. Sahu, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/08/17 Heard.

This appeal has been preferred by the petitioner against his order of removal dated 08.03.2017 from the post of Sarpanch. The Appellate Authority by its impugned order dated 26.07.2017 has rejected the interim application of the petitioner and fixed the case for final hearing against which this writ petition has been preferred.

2.

Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law.

3.

I have heard learned counsel for the parties.

4.

The Collector, Dhamtari has rightly not stayed the order of removal as the said order has already come into effect and has rightly fixed the case for final hearing on 23.08.2017.

5.

Be that as it may, the Collector, Dhamtari is directed to hear the appeal finally and conclude it within a month from the date of production of copy of this order.

6.

With the aforesaid observations, the writ petition is finally disposed of. Sd/- (Sanjay K. Agrawal) Judge Priyanka