Disposed

Smt.Radha Bai Dhruv v. State of Chhattisgarh

Chhattisgarh HC5 Apr 2023WPC/1450/2023

Case brief

AI extract

What is this about?

Writ petition filed by an Up-Sarpanch challenging an order under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 due to delay in revision proceeding. Court disposed of the writ directing petitioner to approach the Additional Commissioner within 7 days.

What did the court decide?

Petitioner directed to approach Additional Commissioner, Raipur Division within 7 days; Additional Commissioner to consider interim application on priority basis.

Smt.Radha Bai Dhruv Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (CIVIL) NO. 1450 OF 2023

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1. Smt. Radha Bai Dhruv, W/o Late Shri Hanuman Prasad Dhruv, aged about 48 years, working as Up-Sarpanch in Gram Panchayat Chhipli, Tahsil Nagri, District Dhamtari (C.G.)

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... Petitioner

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versus

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1. State of Chhattisgarh, through the Chief Secretary, Department of Panchayat & Rural Development, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.)

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2. The Collector, Officer of the Collectorate, Dhamtari, District Dhamtari (C.G.)

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3. Shantanu Kosare, working as Panch, Gram Panchayat Chhipli, Tahsil Nagri, District Dhamtari (C.G.)

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4. Tikesh Navrang, working as Panch, Gram Panchayat Chhipli, Tahsil Nagari, District Dhamtari (C.G.)

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... Respondents

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For Petitioner : Mr. Kunal Das, Advocate. For Respondent-State : Mr. Pawan Kesharwani, Panel Lawyer.

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Hon’ble Shri Justice P. Sam Koshy Order on Board [05/04/2023]

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1. The Petitioner seems to be aggrieved by the Order dated 31.10.2022 (Annexure P-3) passed by the Collector, Dhamtari, District Dhamtari in a proceeding under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

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2. Against the said Order, the Petitioner had preferred a Revision Petition before the Additional Commissioner, Raipur Division, Raipur where the case has been registered as Case No.35/2022-23 in Category A/89.

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3. The said Revision Petition was filed as early as on 17.11.2022 but till date no effective hearing has taken place and there is already an interim application which is also pending consideration before the said forum.

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4. Since the proceeding before the Additional Commissioner was not taking place regularly, it compelled the Petitioner to file the present Writ Petition.

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5. Today, in the forenoon session, learned State Counsel was directed to seek instructions with regard to the availability of the Additional Commissioner, Raipur Division. In the post-lunch session, learned State Counsel submits that he has instructions from the Office of the Additional Commissioner, Raipur Division that for the next full week, the Additional Commissioner would be available and his Office/Court would be functioning during this time.

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6. In view of aforesaid submission, the present Writ Petition, at this juncture, can be and is accordingly disposed of, directing the Petitioner to approach the Additional Commissioner, Raipur Division within the next 7 days. Upon such request being made by the Petitioner, the Additional Commissioner is expected to consider the request of the Petitioner and also consider and decide his interim application at the earliest, on priority basis.

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7. The Writ Petition, accordingly, stands disposed of.

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Sd/-

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(P. Sam Koshy) JUDGE

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sharad

Smt.Radha Bai Dhruv v. State of Chhattisgarh

Case brief

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What did the court decide?

Smt.Radha Bai Dhruv v. State of Chhattisgarh

Case brief

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