Smt. Panchbati Shivare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4227 of 2019

1. Smt. Panchbati Shivare W/o Mohan Shivare Aged About 42 Years Sarpanch, Gram Panchayat, Bhardakala, R/o Village Bhardakala, Tahsil Saja, District Bemetara Chhattisgarh.

2. Tikamchand Verma S/o Dohai Lal Verma Aged About 46 Years Secretary, Gram Panchayat, Bhardakala, Tahsil Saja, District Bemetara Chhattisgarh.

---- Petitioners

Versus

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

2. The Collector District Bemetara Chhattisgarh.

3. The Sub Divisional Officer (Revenue) Saja, District Bemetara Chhattisgarh.

4. The Tahsildar, Saja, District Bemetara, Chhattisgarh

5. The Chief Executive Officer Janpad Panchayat, Saja, District Bemetara Chhattisgarh.

6. Gajendra Das Vaishnav S/o Kanhaiyadas Aged About 62 Years R/o Gram Panchayat, Bhardakala, Tahsil Saja, District Bemetara Chhattisgarh.

---- Respondents For Petitioners :

Mr. Sanjeev Kumar Sahu, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/11/2019

1. The challenge in the present writ petition is to the action initiated by the respondent No.4 and the proceedings drawn by the respondent No.4 in respect of certain irregularities or misuse of powers by the petitioners in the capacity of Sarpanch and Secretary of Gram Panchayat, Bhardakala, Tehsil Saja, District Bemetara.

2. Perusal of the record would show that the proceedings were initially drawn vide order dated 14.10.2019 by the office of the Tehsildar Saja

and the petitioners on receipt of notice have submitted a detailed reply vide Annexure P/4 dated 25.10.2019.

3. Given the facts that the petitioners have already submitted a detailed reply, the Tahsildar is expected to take a decision in the light of the contentions that the petitioners have raised in the reply while proceeding further.

4. In view of the fact that the matter is already seized by the Tahsildar, wherein the petitioners have already entered appearance and are participating in the proceedings and have also tendered reply, this Court at this juncture is reluctant to enter into the merits of the case.

5. Reserving the right of the petitioners to approach the Court, in the event if the necessity so arises, the present writ petition stands disposed of.

6. This Court has not expressed any opinion on the merits of the case. The authorities are expected to take a decision purely in accordance with law.

7. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved