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High Court Of ChhattisgarhWPC/4282/2019disposed off

Ramchandra v. State Of Chhattisgarh

2019-11-26Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4282 of 2019 Ramchandra S/o Dhiduram, Aged About 29 Years, Caste - Korwa, R/o Village - Patora, Block - Lundra, District - Surguja Chhattisgarh ---- Petitioner

Versus

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

2. The Collector, Ambikapur, District - Surguja Chhattisgarh

3. The Sub - Divisional Officer ( Revenue ) Ambikapur, District - Surguja Chhattisgarh

4. The Chief Executive Officer, Janpad Panchayat, Lundra, District - Surguja, Chhattisgarh

5. Dilip Kumar Gupta, Panch Ward No. 1, Gram Panchayat, Patora, Janpad Panchayat, Lundra, District - Surguja, Chhattisgarh ---- Respondents For Petitioner :

Mr. Rahul Mishra, Advocate For State :

Mr. Somkant Verma, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 26.11.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 10.10.2019.

2. Perusal of the record would show that the order passed by the

Collector is in exercise of the powers under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. The said order passed by the Collector is an appealable order and the appeal lies to the 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 challenge the order of the Collector before the Commissioner if he feels so.

4. Subject to the petitioner preferring an appeal within two weeks from today, the Appellate Authority is directed to consider and decide the appeal in accordance with law at the earliest. Sd/- P. Sam Koshy Judge Khatai