Sant Ram Patel v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4726 of 2019 Sant Ram Patel S/o Shri Dev Pal Patel, Aged About 39 Years, R/o Village Tayeng, Tahsil Kharsia, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Atal Nagar, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. The Collector, District Raigarh, Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh Chhattisgarh

4. The Sub Divisional Officer (R), Kharsia, District Raigarh, Chhattisgarh

5. The Chief Executive Officer, Janpad Panchayat Kharsia, District Raigarh, Chhattisgarh

6. The Sarpach, Village Panchayat Jaimura, Tahsil Kharsia, District Raigarh, Chhattisgarh

7. The Secretary, Village Panchayat Jaimura, Tahsil And Block Kharsia, District Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Jeet Patel, Advocate For State :

Mr. V. R. Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 02.01.2020

1. The relief sought by the petitioner in the present writ petition is for a direction to the respondent State authorities to conduct an inquiry in respect of the action on the part of respondents 6 & 7 in declaring village Tayeng (a dependent village of village Panchayat Jaimura), Tahsil Kharsia, District Raigarh as ODF.

2. According to the petitioner, a large number of villagers, because of sheer poverty, could not construct toilet at their residence and they were expecting financial assistance from the Panchayat for construction of toilet but ignoring their claim, the respondents have without proper verification of facts, declared village Tayeng as ODF.

3. Given the nature of dispute that the petitioner has, this Court is of the opinion that the present writ petition can be disposed of directing the petitioner to approach the respondent no.2 within a period of 30 days from today by filing a detailed representation in respect of their grievance with other similarly placed villagers equally aggrieved of the same action and the respondent no.2, in turn, after due verification of facts, is expected to take a decision at the earliest preferably within a period of 4 months from the date of receipt of the representation to be made by the petitioner.

4. With the aforesaid direction the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai