Suman Mehar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2839 of 2018 • Suman Mehar W/o Ajit Kumar Mehar Aged About 28 Years R/o Satnami Para, Near Main Road, Dhabadih, Bhatapara, Tahsil Bhatapara, District - Balodabazar-Bhatapara, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur, Chhattisgarh.

2. Collector District - Balodabazar-Bhatapara, Chhattisgarh.

3. Sub Divisional Officer/prescribed Officer Bhatapara, District - Balodabazar-Bhatapara, Chhattisgarh.

4. Chief Executive Officer Janpad Panchayat Bhatapara, District - Balodabazar-Bhatapara, Chhattisgarh.

5. Secretary Gram Panchayat Dhabadih, Bhatapara, Tahsil Bhatapara, District - Balodabazar-Bhatapara, Chhattisgarh.

6. Devi Lal Sahu Up-Sarpanch, Gram Panchayat Dhabadih, Bhatapara, Tahsil Bhatapara, District - Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Petitioner : Shri Roop Nayak, Advocate.

For Respondent/State : Shri Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/10/2018 :

1. The petitioner is not a member of Gram Panchayat Dhabadih, Block Bhatapara, yet she has moved this writ petition challenging the order

order (Annexure-P/2) whereby the Gram Panchayat has passed a resolution, which according to the petitioner, runs contrary to the provisions contained in Section 38 (2)(b) of the Panchayat Raj Adhiniyam, 1993.

2. The petitioner is not prejudiced nor any of her rights are affected on account of passing of the resolution, therefore, prayer made in the Writ Petition appears to be Pro bono. The Writ Petition is not maintainable in its present format.

3. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to move duly constituted WP(PIL), in accordance with law. Sd/- Judge (Prashant Kumar Mishra) Barve