Partly allowed

Vijay Lal Sidar v. State Of Chhattisgarh

Chhattisgarh HC18 Sept 2017WPC/2238/2017

Case brief

AI extract

What is this about?

The Chhattisgarh High Court set aside an impugned order by the Additional Commissioner that stayed the petitioner's reinstatement as Sarpanch. The court held the stay acted as a final grant of relief to the revision applicant and was illegal.

What did the court decide?

Impugned order dated 21.7.2017 set aside; Additional Commissioner directed to hear revision in accordance with law.

Vijay Lal Sidar Vs State Of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.2238 of 2017

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Vijay Lal Sidar S/o Late Mahettar Singh Sidar Aged About 46 Years R/o Village Khaira Police Station & Tahsil Dabhra, District JanjgirChampa, Chhattisgarh.

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---- Petitioner

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Versus

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

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2. Additional Commissioner, Bilaspur Division, Bilaspur, Chhattisgarh.

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3. Collector, Janjgir- Champa, Chhattisgarh.

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4. Prescribed Authority Sub- Divisional Officer, R/o Dabhra, District Janjgir- Champa, Chhattisgarh.

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5. Pressing Officer Tahsildar Dabhra, District Janjgir- Champa, Chhattisgarh.

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6. Shri Padumlal Patel Panchayat Samaj Shiksha Sangathak (Panchayat Inspector) Block Dabhra.

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7. Smt. Naanbai W/o Shri Ghasia Ram Saura Panch Ward No. 01, R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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8. Smt. Meeradevi D/o Shri Ravilal Binjhwar Panch Ward No. 02 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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9. Shri Santosh Kumar Sahu S/o Late Shri Mohan Lal Sahu, Panch Ward No. 03 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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10. Smt. Jamuna Bai Sahu W/o Shri Shyam Lal Sahu Panch Ward No. 04 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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11. Shri Gendaram Chandra S/o Late Shri Lakhan Chandra Panch Ward No. 05 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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12. Shri Seetaram Yadav S/o Shri Matwar Yadav, Panch Ward No. 06 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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13. Smt. Savitri Bai Chandra W/o Shri Bhuwanlal Chandra Panch Ward No. 07 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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14. Smt Jayanti Chandra W/o Shri Jaykumar Chandra Panch Ward No. 08 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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15. Smt. Sarojini Verma W/o Shri Mahesh Kumar Verma Panch Ward No. 09 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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16. Smt. Devkumari Chandra W/o Shri Kanhaiyalal Chandra Panch Ward No. 10 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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17. Smt Kavita Bai Sahu W/o Shri Navadau Sahu Panch Ward

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No. 11 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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18. Shri Umashankar Maitri S/o Shri Ruharam Maitri Panch Ward No. 12 R/o Village Khaira, Police Station & Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh.

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---- Respondents

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For Petitioner : Ms Pritha Ghoshal, Advocate For Res.No.1 to 5 : Mr.Arun Sao, Dy.A.G. Respondent No.14/ : Mr.Sarfaraz Khan, Advocate Caveator

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Hon’ble Shri Justice Sanjay K. Agrawal Order on Board

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18/09/2017

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1. Learned counsel for the petitioner would submit that no confidence motion was passed against the petitioner against which he raised a dispute under Section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter called as 'Act of 1993') before the Collector which was allowed and the petitioner was reinstated by setting aside the resolution passing no confidence and he resumed the office of Sarpanch, Gram Panchayat: Dabhra on 16.7.2017, against which respondent No.14 preferred a revision before the Commissioner, Bilaspur Division, Bilaspur and the Additional Commissioner by order dated 21.7.2017, stayed the effect and operation of the order passed by the Collector, which is ex facie illegal and without authority of law, as that would amount to ousting the petitioner thereby granting final relief to respondent No.14.

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2. On the other hand, learned counsel for respondent No.14 would support the impugned order.

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3. I have heard learned counsel appearing for the parties,

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3 considered their rival submissions made hereinabove and also gone through the record with utmost circumspection.

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4. Learned Collector, Janjgir-Champa has allowed the application under Section 21(4) of the Act of 1993 and the petitioner resumed the office of Sarpanch of Gram Panchayat, Dabhra on 16.7.2017, against which respondent No.14 preferred a revision before the Commissioner and the Additional Commissioner by order dated 21.7.2017 stayed the effect and operation of the order passed by the Collector and that would amount to ousting the petitioner from the office of Sarpanch. In fact, full and final relief has been granted to respondent No.14 by the impugned order, which is ex facie illegal and without authority of law, which cannot be sustained.

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5. Accordingly, the impugned order dated 21.7.2017 (Annexure P/7) passed by respondent No.2 in Revision Case No.51A-89/2016-17 is set aside and the Additional Commissioner, Bilaspur Division, Bilaspur is directed to hear a revision preferred by respondent No.14 and others strictly in accordance with law.

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6. The writ petition is allowed to the extent indicated hereinabove. No cost(s).

Sd/-

(Sanjay K. Agrawal)

Judge

B/-

Vijay Lal Sidar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vijay Lal Sidar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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