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High Court Of ChhattisgarhWPC/760/2017dismissed

Smt. Purnima Manikpuri v. State Of Chhattisgarh

2017-03-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 760 of 2017 Smt. Purnima Manikpuri W/o Bhuvan Manikpuri, Aged About 23 Years Sarpanch Gram Panchayat Dunda, Janpad Panchayat Bemetara Vikaskhand Bemetara, Police Station Bemetara, Tahsil Bemetara District Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mantralaya Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh).

2. The Sub Divisional Officer ( Revenue ), Bemetara, District Bemetara, Chhattisgarh.

3. The Collector, Bemetara, Chhattisgarh.

---- Respondents For Petitioner :

Mr. A.K.Yadav, Advocate For State :

Mr. Dheeraj Wankhede, Government Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/03/2017 Heard on admission.

1.

This petition, under Article 226/227 of the Constitution of India, has been filed by the petitioner assailing legality and validity of order dated 12.01.2017 passed by the Collector dismissing the petitioner's appeal against order of removal.

2.

Though number of grounds have been raised in this petition, when learned counsel for the petitioner was confronted with the existence of alternative remedy of filing revision, no satisfactory reason could be assigned. The petitioner has already availed the remedy of appeal, which has been dismissed.

3.

As there exists a remedy of statutory revision under the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995, having examined the grounds raised in this petition, I am not inclined to interfere with the order of appeal only on the ground that there exists a remedy of revision available to the petitioner.

4.

With the said liberty to prefer revision against the order of the Collector, this petition is disposed off.

5.

Certified copy of the impugned order (Annexure P/1) be returned after retaining photocopy of the same. The time, during which, this petition has remained pending before this Court, may be claimed to be excluded from the purview of limitation.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha