Parmeshwar Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 32 OF 2020 • Parmeshwar Baghel, S/o Mahetroo Baghel, aged about 45 years, R/o Village- Kurda, Gram Panchayat- Kopedabri, Post- Tipni, Tahsil and P.O. Khamhariya, District Bemetara (CG) ... Petitioner versus 1.

State of Chhattisgarh, through its Director, Panchayat Directorate, Atal Nagar, Mahanadi Bhawan, Nawa Raipur (CG) 2.

The Collector, Bemetara, District Bemetara (CG) ... Respondents For Petitioner :

Mr. Love Kumar Ramteke, Advocate.

For Respondents :

Mr. Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/01/2020 1.

Challenge in the present writ petition is to the notification issued on 10.12.2019 issuing a fresh reservation of the Wards of Gram Panchayat Kopedabri.

2.

According to the learned counsel for the petitioner, when the first notification was issued on 24.11.2019 all the Wards of the said Gram Panchayat Kopedabri had already been given specific reservations and that there was no further necessity for publishing a fresh reservation of the Wards of the said Gram Panchayat. Learned counsel further submits that a general notice was issued on 7.12.2019 whereby the Collector had cancelled the reservation done in the different Gram Panchayats of Bemetara district and in the said order the name of Gram Panchayat Kopedabri was not reflected and therefore the notification dated 10.12.2019 (Annexure P-1) so far as the fresh reservation of Gram Panchayat Kopedabri is concerned the same is bad in law. 3.

On the previous date of hearing, learned Dy. A.G., Shri Jitendra Pali, was directed to seek instructions in this regard. Today, learned Dy. A.G., submits that immediately after the issuance of the general notice dated 7.12.2019 (Annexure P-4), it was brought to the notice of the authorities that Gram Panchayat Kopedabri has been left out in the said order of the Collector and therefore immediately on the very same day a fresh general notice was published whereby

Gram Panchayat Kopedabri was also included in the said Gram Panchayat under Janpad Panchayat Saja for a fresh reservation to be done and thereafter draw of lots was made on 9.12.2019 and a notification was issued on 10.12.2019. 4.

The only contention that the petitioner now raises is that he was not aware of any such notice or notification so far as the amended notification part is concerned.

5.

This Court is of the opinion that once when the petitioner was aware of the notice that was issued at the first instance on 7.12.2019 there was no reason for his not being aware of the amended general notice issued on 7.12.2019 that is on the same date and in the same prescribed manner as was done in the previous occasion.

6.

The said contention of the learned counsel for the petitioner therefore is not sustainable. Even otherwise, it is not expected of the authorities to intimate in writing the Sarpanch or the Kotwar of the village so far as such notices are concerned. These are done purely in accordance with the guidelines and rules provided under the Chhattisgarh Panchayat Nirvachan Niyam, 1995. 7.

This Court therefore does not find it to be a strong case made out by the petitioner to entertain the present writ petition. The writ petition thus fails and is accordingly dismissed. No order as to costs.

Sd/- (P. Sam Koshy) /sharad/ JUDGE