Dayanidhi Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 643 of 2018 • Dayanidhi Kurrey S/o Shri Ramadhar Kurrey, Aged About 34 Years Working As Sarpanch Of Gram Panchayat Jawali, Janpad Panchayat Dabhra, District Janjgir Champa Chhattisgarh ---- Appellant

Versus

1. State of Chhattisgarh through The Secretary, Panchayat and Welfare Department, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh

3. Sub Divisional Officer (Revenue) Dabhra, District Janjgir Champa Chhattisgarh

4. Mithlesh Maravi, Working As Secretary, At Gram Panchayat Jawali, Janpad Panchayat Dabhra, District : Janjgir-Champa, Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------- For Appellant :

Shri RS Patel, Advocate For Respondents/State :

Shri UNS Deo, Government Advocate ----------------------------------------------------------------------------------------------------------- Hon'ble Shri Ajay Kumar Tripathi , Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Judgment on Board Per Ajay Kumar Tripathi , Chief Justice 27.08.2018 1.

Heard learned counsel for the parties.

2.

Since there is a statutory provision for appeal under the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 and with the indulgence of the learned Single Judge already having been given to the appellant, we fail to appreciate the stand taken before us that there is violation of principles of natural justice, therefore, only a writ court can hear such objections.

wa 643 of 2018 3.

All these aspects can be raised before the appellate authority and I am sure that the principles of law will be kept in mind while deciding the said appeal.

4.

The writ appeal is otherwise dismissed but for the liberty granted to the appellant, by the writ Court.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge padma