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High Court Of ChhattisgarhWPC/3030/2016dismissed

Padumnath Sahu v. State Of Chhattisgarh

2016-12-08Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3030 of 2016 • Padumnath Sahu S/o Bhojram Sahu, Aged About 52 Years Occupation UpSarpanch Of Gram Panchayat Khaira ( K), R/o Village Khaira, Gram Panchayat Khaira, Tahsil Kasdol, Revenue And Civil District Baloda Bazar Bhatapara (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through : The Secretary, Panchayat Department, Mahanadi Bhawan, New Raipur (Chhattisgarh)

2. Collector, Baloda Bazar, District Baloda Bazar Bhatapara (Chhattisgarh)

3. Chief Executive Officer, Zila Panchayat, Baloda Bazar, District Baloda Bazar Bhatapara (Chhattisgarh)

4. Chief Executive Officer, Janpad Panchayat, Kasdol, District- Baloda Bazar Bhatapara (Chhattisgarh)

5. Sarpanch, Gram Panchayat Khaira ( K) R/o Village Khaira, Gram Panchayat Khaira, Tahsil Kasdol, Revenue And Civil District Baloda Bazar Bhatapara (Chhattisgarh)

6. Secretary, Gram Panchayat Khaira ( K) R/o Village Khaira, Gram Panchayat Khaira, Tahsil Kasdol, Revenue And Civil District Baloda Bazar Bhatapara (Chhattisgarh)

7. Prahlad Ratre, S/o Maniram Ratre, R/o Village Khaira, Gram Panchayat Khaira, Tahsil Kasdol, Revenue And Civil District Baloda Bazar Bhatapara (Chhattisgarh)

8. Ramkhilawan, S/o Khushiram, R/o Village Khaira, Gram Panchayat Khaira, Tahsil Kasdol, Revenue And Civil District Baloda Bazar Bhatapara (Chhattisgarh) ---- Respondent For Petitioner :

Shri Santosh Sahu, Advocate For Respondents-State :

Shri Ramakant Mishra, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/12/2016

1. Petitioner has called in question the order passed by the Collector, Baloda Bazar-Bhatapara on 07.11.2016 removing him from the office in exercise of powers under Section 36 (2) (d) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993').

2. The order is appealable under Section 91 of the Adhiniyam, 1993 read with Rule 3 of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995.

3. In view of the availability of alternative remedy, the present petition is not maintainable. It is accordingly dismissed as not maintainable, however, petitioner may prefer the appeal within 30 days from today. Sd/- Judge Prashant Kumar Mishra Ashu