High Court Of ChhattisgarhWPC/3689/2021disposed off

Kamta Prasad Sahu v. The Collector Durg

2021-09-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3689 of 2021 • Kamta Prasad Sahu S/o Guru Prasad Sahu Aged About 65 Years R/o Village And Post Jamgaon (R) Tahsil Patan, District Durg Chhattisgarh ---- Petitioner

Versus

1. The Collector Durg District Durg Chhattisgarh

2. Chief Executive Officer Jila Panchayat Durg District Durg Chhattisgarh

3. Chief Executive Officer Janpad Panchayat Patan, District Durg Chhattisgarh

4. Gram Panchayat Jamgaon (R) Through Secretary, Tahsil Patan, District Durg Chhattisgarh

5. Sarpanch Gram Panchayat Jamgaon(R) Tahsil Patan, District Durg Chhattisgarh

6. Secretary Gram Panchayat Jamgaon(R) Tahsil Patan, District Durg Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------------------------------ For Petitioner :

Mr. P.R. Patankar, Advocate For Respondent/ State :

Mrs. Astha Shukla, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.09.2021 Heard

1. Learned counsel for the petitioner submits that earlier a Resolution was passed to construct a Community Hall for a particular community at Village Jamgaon(R), Teh. Patan Distt. Durg (C.G.). Subsequently with the selection of the new office bearer, the Resolution for construction of the Community Hall is not being carried out despite the fact that the former Chief Executive Officer had issued several letters and the amount had also been sanctioned. It is stated that therefore, the respondents be directed to implement the earlier Resolution and construct the Community Hall which is in the public interest.

2. If a Resolution exists of a Gram Panchayat, then it is for the authorities to look into it that how it is implemented. This Court will not step into the shoes of the

executives to execute a Resolution which is passed by the Gram Panchayat. The petitioner would be at liberty to approach the respective authorities. Any order for implementation of the order of the Resolution may open a flood gate for all the societies and the Gram Panchayats to get a Resolution executed under Article 226 of the Constitution of India.

3. Accordingly, the writ petition stands dismissed. Sd/- (Goutam Bhaduri) Judge Vishakha