Allowed

Hirendra Patel, v. State of Chhattisgarh

Chhattisgarh HC1 Nov 2022WPC/317/2022

Case brief

AI extract

What is this about?

The petitioner was aggrieved by a pending no confidence motion rathered to the Collector. The Court directed the Collector to conclude the proceedings under Section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 within one month and fixed an outer limit for disposal.

What did the court decide?

Direction to the Collector to conclude the pending Section 21(4) proceedings within one month from the date of receipt of the order copy.

Hirendra Patel, Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP(C) No.317 of 2022

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Hirendra Patel, S/o Biharilal Patel, Aged About 37 Years, Caste - Aghariya, R/o Village - Batki, Post - Paikin, Police Station - Singhoda, Tahsil - Saraipali, District – Mahasamund, Chhattisgarh.

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---- Petitioner

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Versus

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State of Chhattisgarh Through - The Secretary, Panchayat Department, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh.

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The Collector, District – Mahasamund, Chhattisgarh.

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The Sub - Divisional Ofcer (Revenue), Saraipali, District – Mahasamund, Chhattisgarh.

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The Tahsildar, Saraipali, District – Mahasamund, Chhattisgarh.

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The Chief Executive Ofcer, Saraipali, District – Mahasamund, Chhattisgarh.

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Chhattisgarh State Election Commission, Through Its Commissioner, Atal Nagar, Nawa Raipur, District – Raipur, Chhattisgarh.

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Harabai Chhattar, W/o Mangaldas Chhattar, Panch, Ward No. 3, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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Purushottam Patel, S/o Patneshwar Patel, Panch, Ward No. 2, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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Babulal Bhoi, S/o Abhi Bhoi, Panch, Ward No. 4, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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10.Basanti Bhoi, W/o Shyamlal Bhoi, Panch, Ward No. 5, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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11.Naresh Patel, S/o Hetram Patel, Panch, Ward No. 6, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District - Mahasamund Chhattisgarh.

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12.Radhakant Pradhan, S/o Shashibhushan Pradhan, Panch, Ward No. 7, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District –

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Mahasamund, Chhattisgarh.

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13.Manbodh Sahu, S/o Kuber Sahu, Panch, Ward No. 8, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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14.Biharilal Chhatre, S/o Ramlal Chhatre, Panch, Ward No. 9, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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15.Madhvi Pradhan, D/o Manoranjan Pradhan, Panch, Ward No. 10, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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16.Mukhi Bhoi, S/o Nuradhan Bhoi, Panch, Ward No. 11, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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17.Bhojkumari Nayak, W/o Vidyadhar Nayak, Panch, Ward No. 12, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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18.Padmani Sona, W/o Vibhishan Sona, Panch, Ward No. 13, Gram Panchayat, Batki, Janpad Panchayat, Saraipali, District – Mahasamund, Chhattisgarh.

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---- Respondents

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For Petitioner	: Shri Shikhar Sharma, Advocate.
For State	: Shri Ghanshyam Patel, G.A.
For Respondent No.6	: Shri Venketesh Pandey, Advocate on
	behalf of Shri R.S. Marhas, Advocate.

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Hon'ble Shri Justice Arvind Singh Chandel Order On Board

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01/11/2022

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Heard.

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At the outset, learned Counsel for the petitioner submits that the petitioner being aggrieved by the illegal process of no confdence motion, he referred a dispute under Section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 before the Collector, District – Mahasamund, (C.G.) and the same is pending from 13.08.2021 and not decided yet. Therefore, it is prayed by counsel

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for the petitioner that this petition may be disposed of directing respondent No.2 – Collector, District – Mahasamund, (C.G.) to decide the said proceedings pending before him as early as possible and any outer limit may be fxed by this Court for this purpose.

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Learned State Counsel does not oppose the above limited prayer made by learned counsel for the petitioner.

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On due consideration, this petition is disposed of directing respondent No.2 – Collector, District – Mahasamund (C.G.) to expedite and conclude the proceedings under Section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 pending before him in Revenue Case No.202108120100005 within one month from the date of receipt of copy of this order in accordance with law. Till then, the interim relief granted in favour of the petitioner vide order dated 19.01.2022 shall remain continue.

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With the aforesaid direction, this petition is disposed of.

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Sd/-

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(Arvind Singh Chandel) Judge

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Prakash

Hirendra Patel, v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Hirendra Patel, v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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