High Court Of ChhattisgarhWPC/3164/2017disposed off

Paltu Yadav v. State Of Chhattisgarh

2017-11-24Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3164 of 2017

1. Paltu Yadav S/o Late Ram Sundar Yadav, Aged About 55 Years Occupation Agriculturist, And Also Panch Of Ward No.10, Village Pandrapath (Bhedikena), Gram Panchayat Pandrapath, Police Station Bageecha, Chowki Pandrapath, Tahsil Bagicha, District Jashpur, Chhattisgarh

2. Ramlal Yadav S/o Late Keshwar Yadav, Aged About 38 Years Occupation Agriculturist, Village Health Semara, Gram Panchayat Pandrapath, Police Station Bageecha, Chowki Pandrapath, Tahsil Bagicha, District Jashpur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. District Collector, Jashpur, District Jashpur, Chhattisgarh

3. Sub Divisional Officer (Revenue)/ Designated Officer (Panchayat) Bagicha, District Jashpur, Chhattisgarh

4. Smt. Jasinta Devi, Sarpanch, Gram Panchayat Pandrapath, Janpad Panchayat, Bagicha, District Jashpur, Chhattisgarh

5. Ganesh Yadav, Gram Sachiv, Gram Panchayat Pandrapath, Janpad Panchayat Bagicha, District Jashpur, Chhattisgarh ---- Respondents For Petitioners : Shri Sudeep Verma, Advocate.

For State : Shri S. Majid Ali, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/11/2017 (1) This writ petition has been filed against the order dated 03.11.2017 passed by Sub Divisional Officer (Revenue) under Section 40(1) of the Chhattisgarh Panchayat Raj Adhiniyam.

(2) Counsel for the State submits that the impugned order is appellable under the provision of the Chhattisgarh Panchayats (Appeal and Revision)

Rules, 1995 (henceforth "Rules, 1995").

(3) In view of above, counsel for the petitioner submits that he may be permitted to prefer appeal before the appellate authority as per Rules, 1995. (4) Prayer appears to be fair & reasonable and accordingly the same is allowed.

(5) Be that as it may, if the petitioner prefers appeal before the appellate authority within a period of 30 days from today, the appellate authority shall consider and decide the same strictly in accordance with law expeditiously. (6) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-