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High Court Of ChhattisgarhWPC/2282/2018disposed off

Smt. Panchbati Sivare v. State Of Chhattisgarh

2018-08-14Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2282 of 2018

1. Smt. Panchbati Sivare, W/o Shri Mohan Sivare, Aged-40 years, Sarpanch Gram Panchayat Bharda, Janpad Panchayat Saja, R/o Village Bharda, Police Station Saja Tahsil Saja, Civil & Revenue District - Bemetara (C.G.) 2.

Tikam Chand Verma, S/o Shri D.L. Verma, Aged-44 years, Panchayat Secretary of Gram Panchayat Bharda, Janpad Panchayat Saja, R/o Village Bharda,Police Station and Tahsil Saja, Civil & Revenue District - Bemetara (C.G.) ---- Petitioners.

Versus

1.

State of Chhattisgarh, Through the Secretary, Panchayat & Rural Development Department, Government of Chhattisgrh, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2.

Collector, Bemetara, Civil & Revenue District - Bemetara (C.G.) 3.

Chief Executive Officer, Zila Panchayat Bemetara, Civil & Revenue DistrictBemetara (C.G.) 4.

Sub-Divisional Officer (Revenue), Saja, Civil & Revenue District- Bemetara (C.G.) 5.

Chief Executive Officer, Janpad Panchayat, Saja, Civil & Revenue District - Bemetara (C.G.) ----Respondents.

For Petitioners : Mr. Jitendra Nath Nande, Advocate. For Respondents/State : Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/08/2018 (1) Learned counsel appearing for the petitioners would submit show cause notice dated 16.07.2018 issued by the Sub Divisional Officer (Revenue), Saja under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 is without jurisdiction and without authority of law.

(2) I have heard learned counsel appearing for the petitioners. (3) Be that as it may, the petitioners are at liberty to file reply to the said show cause notice before the SDO (Revenue) raising all legally permissible grounds, that will be considered and decided by the SDO (Revenue) strictly in accordance with law after affording due opportunity of hearing to the petitioners under proviso to Section 40(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

(4) With the aforesaid observations, the writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-