Gadiram Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2060 of 2020 1.

Gadiram Netam S/o Shri Mangluram Netam, Aged About 40 Years Occupation - Up-Sarpanch R/o Village - Nawagarh, Post - Nayanar, Gram Panchayat Nawagarh, Janpad Panchayat Keshkal, District - Kondagaon (Chhattisgarh) 2.

Guddu Ram Mandavi, S/o Late Shri Dwaruruam Mandavi, Aged About 35 Years Occupation - Gram Patel, R/o Village - Nawagarh, Post - Nayanar, Gram Panchayat Nawagarh, Janpad Panchayat Keshkal, District - Kondagaon (Chhattisgarh) ---- Petitioners

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2.

The Collector, Kondagaon, District - Kondagaon (Chhattisgarh) 3.

Chief Executive Officer District Panchayat Kondagao, District - Kondagaon (Chhattisgarh) 4.

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

Chief Executive Officer, Janpad Panchayat Keshkal, District - Kondagaon (Chhattisgarh) 6.

Gram Panchayat Nawagarh Through Its Secretary, Gram Panchayat Nawagarh, Janpad Panchayat Keshkal, District - Kondagaon (Chhattisgarh) 7.

Devlal Mandavi, S/o. Shri Sonadhar Mandavi, Aged About 32 Years Occupation - Sarpanch Of Gram Panchayat Nawagarh, Janpad Panchayat Keshkal, District Kondagaon (C.G.) ---- Respondents For Petitioners :

Mr. Sunil Sahu, Advocate along with Mr. Sumit Shrivastava, Advocates For State :

Mr. Anand Verma, Deputy G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board

24/09/2020

1. The present writ petition has been filed raising the grievance by the petitioners in respect of the action on the part of the respondents No.6 & 7, who have contrary to the sanction order in respect of the site of construction of a Gram Panchayat Bhawan at village Nawagarh have decided to construct the same at a different village at a different location, which has not got either the sanction or approval from the authorities in the Department so far as the location is concerned.

2. Considering the fact that the power of the High Court under Article 226 would not be exercised to determine the appropriate place, where a Gram Panchayat Bhawan is to be constructed and knowing fully well the bounds of this Court while exercising the said power, this Court would like to dispose of the writ petition at this juncture directing the petitioners to approach the respondents No.2 to 5 in respect of their grievances by making a detailed representation in this regard, in addition to the representation, if any, already made. The respondents No.2 to 5 inturn shall consider the same on its own merits and shall take an appropriate decision on the representation of the petitioners redressing their grievances.

3. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved