High Court Of ChhattisgarhWPC/4022/2019disposed off

Vijay Upadhyay v. State Of Chhattisgarh

2019-11-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4022 of 2019 Vijay Upadhyay S/o Late Shri Bhagwat Prasad Upadhyay, Aged About 60 Years, R/o Village- Tendua, Tahsil- Navagarh, DistrictBemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Panchayat, Rural Development Department, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh

2. Sub Divisional Magistrate, Navagarh, District Bemetara, Chhattisgarh

3. Collector Bemetara, District Bemetara, Chhattisgarh

4. Devendra Verma S/o Shri Vikram Singh, Aged About 39 Years, Panch Ward No. 4, Gram Panchayat Tendua, R/o Village- Tendua, Tahsil Navagarh, District Bemetara, Chhattisgarh

5. Ramsingh Verma S/o Chinta Ram, Aged About 51 Years, Panch Ward No. 12, Gram Panchayat Tendua, R/o Village- Tendua, Tahsil Navagarh, District Bemetara, Chhattisgarh

6. Kanahiya Sahu S/o Phuluram, Aged About 50 Years, Panch Ward No. 10, Gram Panchayat Tendua, R/o Village- Tendua, Tahsil Navagarh, District Bemetara, Chhattisgarh

7. Ajit Sahu S/o Mohan Sahu, Aged About 48 Years, Panch Ward No. 5, Gram Panchayat Tendua, R/o Village- Tendua, Tahsil Navagarh, District Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Awadh Tripathi, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 13.11.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 03.10.2019 passed by the Collector, District Bemetara in a proceeding under Section 91 read with Section 3 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

2. Perusal of the record would show that the order under challenge in the present writ petition is a revisable order and the revision lies to the Divisional Commissioner.

3. In view of the fact that there is a statutory alternative remedy available to the petitioner to assail the order passed by the Collector, the present writ petition in its present form stands disposed of reserving the right of the petitioner to approach the concerned authority by way of a revision.

4. Subject to the petitioner filing a revision at the earliest, the Revisional Authority is expected to take a decision on the revision at the earliest preferably within a period of 60 days from the date of receipt of the revision.

5. Subject to the petitioner furnishing photocopy of the impugned order, the certified copy shall be returned to him.

Sd/- P. Sam Koshy Judge Khatai