Chudamani Rathore v. Narendra Rathore

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 510 of 2018 Chudamani Rathore, S/o Late Shriram Lal Rathore, aged about 61 years, R/o Village Dharashiv (Kho), Tahsil Navagarh, District Janjgir Champa (C.G.) ----Petitioner.

Versus

1.

Narendra Rathore, S/o Meghnath, Sarpach Gram Pancahayt Dharashiv, Janpad Panchayat Nawagarh, R/o Village Dharashiv, Tahsil Janjgir, District Janjgir Champa (C.G.) (applicant/revisionist before court below) 2.

State of Chhattisgarh through the Collector, Janjgir Champa (C.G.) 3.

The Additional Commissioner, Bilaspur Division, Bilaspur (C.G.) 4.

The Sub Divisional Officer (Revenue), Janjgir, District Janjgir- Champa (C.G.) ---- Respondents For Petitioner : Mr. Rakesh Pandey, Advocate. For respondent No.1 : Mr. J.N. Nande, Advocate.

For State : Mr. Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/08/2018 (1) Counsel for the petitioner submits that the order of removal passed by the Sub Divisional Officer (Revenue), Janjgir has been affirmed by the Collector, but the Additional Commissioner, Bilaspur Division while entertaining the revision preferred by respondent No. 1- Sarpanch, granted the interim order and case is fixed for further orders on 5th September, 2018. He further submits that the Additional Commissioner, Bilaspur Division has no power to grant interim order in view of the decision rendered by this Court in the matter of Chetan Kurre & others Vs. State of Chhattisgarh & others1 & other connected matters, decided on 7-4-2017. 2017 (3) C.G.L.J. 48

(2) Per contra, counsel for the respondent No.1- Sarpanch would support the impugned order.

(3) I have heard learned counsel appearing for the parties and perused the material available on record with utmost circumspection. (4) Since the case is fixed for further hearing before the Commissioner on 5 th September, 2018, the Commissioner, Bilaspur Division is directed to dispose of the revision preferred by respondent No. 1 finally on or before 11th September, 2018. (5) It is made clear that if the revision is not disposed of finally within the stipulated time, the petitioner is at liberty to revive the petition in accordance with law. (6) Copy of this order be sent to the Commissioner, Bilaspur Division to do the needful. (7) With the aforesaid observations, the writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-