High Court Of ChhattisgarhWPC/2554/2018disposed off

Sammelal Sahu v. State Of Chhattisgarh

2018-09-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2554 of 2018 • Sammelal Sahu S/o Late Shri Kanhaiya Sahu Aged About 65 Years R/o Village and Post Tusma, Police Station Shivarinarayan, Tahsil Nawagarh, Civil and Revenue District Janjgir Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat and Rural Development Department, Government of Chhattisgarh. Mahanadi Bhawan, New Raipur, Civil and Revenue District Raipur, Chhattisgarh

2. Collector Janjgir, Civil and Revenue District Janjgir Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue) Janjgir, Civil and Revenue District Janjgir Champa, Chhattisgarh

4. Shri Bhagvat Prasad Sahu, S/o Shri Premlal Sahu, Aged About 38 Years, Panch Ward No. 17, Gram Panchayat Tusma, Janpad Panchayat, Nawagarh, R/o Village and Post Tusma, Police Station Shivarinarayan, Tahsil Nawagarh, Civil and Revenue District, Janjgir Champa, Chhattisgarh ---- Respondents For Petitioner Shri Ramesh Nayak, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 18/09/2018 1.

Learned counsel for the petitioner would submit that about 18 members of the Gram Sabha out of total 140 members of Ward No.17 of Gram Panchayat Tusma, Tehsil Navagarh, District Janjgir-Champa have submitted an application before the SDO (Revenue), Janjgir on 12.02.2018 under Section 21-A of the

Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993') for recalling of the panch of the said ward, however, despite lapse of more than 7 months, the SDO (Revenue), Janjgir has not initiated any proceeding as contemplated under Section 21-A of the Adhiniyam, 1993. 2.

Considering the limited prayer, at this stage, the writ petition is disposed of with direction to the SDO (Revenue), Janjgir to draw appropriate proceedings on the application filed by the petitioner and other members of the ward, if the same has been submitted in accordance with law, and decide the same within an outer limit of 4 months.

Sd/- Prashant Kumar Mishra Judge Nirala