Smt. Kunti Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5036 of 2020 Smt. Kunti Manikpuri W/o Ganesh, Aged About 32 Years, R/o Village Behrapali, Janpad Panchayat Saraipali, District Mahasamund Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat Avam Gramin Vikas Vibhag, Mantralaya, DKS Bhawan, Raipur, Chhattisgarh

2. The Collector, Mahasamund, District Mahasamund, Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat, Saraipali, District Mahasamund, Chhattisgarh

4. Project Officer, Mahila Avam Bal Vikas Vibhag, Saraipali, District Mahasamund, Chhattisgarh

5. Chief Executive Officer, Janpad Panchayat, Saraipali, District Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Mr. D. Kushwaha, Advocate For State :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 08.01.2021

1. The challenge in the present writ petition is to the order dated 02.11.2020 passed by the Collector, Mahasamund whereby the appeal preferred by the petitioner under the Panchayat Raj Adhiniyam has been rejected affirming the order dated 05.11.2019 passed by the Chief Executive Officer, Janpad Panchayat Saraipali, District Mahasamund.

2. At the outset, this Court is of the opinion that since the impugned order is a revisable order and the revision would lie before the Divisional Commissioner, the writ petition at this juncture, on the ground of availability of a statutory alternative remedy, would not be maintainable.

3. Reserving the right of the petitioner to approach the Revisional Authority, the writ petition at this juncture stands rejected as not maintainable on the ground of there being an alternative statutory remedy available.

Sd/- P. Sam Koshy Judge Khatai