High Court Of ChhattisgarhWPC/2682/2016dismissed

Jagat Ram Banarjee v. State Of Chhattisgarh

2016-10-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2682 of 2016 • Jagat Ram Banarjee S/o Deshram Banarjee, Aged About 51 Years R/o Village Pachpedi, P.S. Sarsiva, Tahsil Bilaigarh, District Baloda Bazar- Bhatapara, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, Panchayat & Rural Welfare Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh)

2. District Collector, District BalodabazarBhatapara, (Chhattisgarh)

3. Sub Divisional OfÏcer ( Revenue), Bilaigarh, District Balodabazar- Bhatapara, (Chhattisgarh) ---- Respondent For Petitioner Mr. Sudeep Verma, Advocate For Respondent/State Mr. UNS Deo, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/10/2016

1. Heard.

2. The petitioner is challenging the proceedings under Section 92 of the Panchayat Raj Adhiniyam, 1993 (in short "the Adhiniyam, 1993") initiated against him by issuing show cause notice vide Annexure P/1. The petitioner has already submitted his reply to the show cause notice vide Annexure P/2.

3. It is argued that a demand notice has already been issued,

therefore, the authority has predetermined the issue and the show cause notice is only a formality. It is also argued that no document has been served on the petitioner along with the show cause notice, therefore, he is unable to defend himself.

4. The petitioner has not stated in his reply Annexure P/2 that for want of documents, he is unable to defend himself, instead he has mentioned in the reply that the entire record is in possession of the Gram Panchayat.

5. If the petitioner so desires, he may move before the SDO(R) seeking copy of the report and other documents, which has form the basis of initiating action against him.

6. There is no substance in the writ petition, which is preferred only against the show cause notice.

7. The writ petition is dismissed, subject, however to the observations made in the preceding paragraphs. Sd/- Judge (Prashant Kumar Mishra) Shyna