The Chhattisgarh High Court directed the Sub Divisional Officer to conclude pending proceedings under Section 40 of the C.G. Panchayat Raj Act, 1993 within four months to redress petitioner's delay in appeal hearing.
Direction to SDO(R) Simga to conclude pending proceedings under Section 40 of the C.G. Panchayat Raj Act, 1993 within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1520 of 2024
Shailendra Verma S/o Ganga Prasad Aged About 30 Years R/o Village Panchayat Dawanbod, Janpad Panchayat Simga, District : Balodabazar-Bhathapara, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh
2. Collector District - Balodabazar- Bhatapara, Chhattisgarh.
3. Sub Divisional Officer (Revenue) And Prescribed Authority Simga, District : Balodabazar-Bhathapara, Chhattisgarh
4. Chief Executive Officer Janpad Panchayat Simga, District : Balodabazar-Bhathapara, Chhattisgarh
5. Govind Verma S/o Ramesh Verma Sarpanch Of Village Panchayat Dawanbod, Janpad Panchayat Simga, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents
(Cause-title is taken from Case Information System)
| ------------------------------ For Petitioner |
------------------------------------------------------------------------------------------ : Mr. Shikhar Sharma, Advocate |
|---|---|
| For Respondents ------------------------------ |
: Mr. Vedant Shadangi, P. L. for respondents No. 1 to 4. ------------------------------------------------------------------------------------------ |
| Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board |
14.03.2024
1. By way of this petition, the petitioner has sought the following relief(s):-
“10.1 That, the Hon’ble Court may kindly be pleased to direct the respondent no. 3/ Sub Divisional Officer to decide the case bearing Case No. 202206211000009/2021-2022 as early as possible within period of three months, in the interest of justice.
10.2 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon’ble Court deems fit in the circumstances of the case. ”
2. Facts of the present case are that a proceeding under Section 40 of the C.G. Panchayat Raj Adhiniyam, 1993 (in short ‘Act, 1993’) was initiated against respondent No. 5 by the prescribed authority/SDO(R), Simga on 06.10.2022 but till date, the said proceeding has not been concluded by the authority concerned. Earlier
2
WPC/4751/2021 was filed before this Court and the same was disposed of vide order dated 25.11.2021 wherein a direction was issued to the Collector, Dist.-Baloda BazarBhatapara to proceed on the complaint filed by the petitioner in strict compliance with Section 40 of the Act, 1993.
3. Learned counsel for the petitioner would submit that a proceeding was initiated for compliance with the order passed in WPC/4751/2021 but the same has been pending since 06.10.2022. He would pray for a direction to the concerned authority to decide the pending proceeding as early as possible.
4. On the other hand, learned counsel for the respondents would submit that a proceeding has already been initiated against respondent No. 5 and the same would be concluded expeditiously.
5. Heard learned counsel for the parties and perused the documents.
6. From a perusal of the documents annexed to this petition, it appears that a proceeding was initiated against respondent No. 5 pursuant to an order passed by this Court in WPC/4751/2021. Though cognizance was taken by the SDO (R), Simga on 06.10.2022, till date the proceeding has not been concluded, therefore, at this stage without commenting anything on the merits of the case, the present petition is disposed of with a direction to the SDO(R), Simga to conclude the pending proceeding preferably within a period of four months from the date of receipt of a copy of this order.
7. With the aforesaid observation(s) and direction(s), the present writ petition stands disposed of .
Sd/-
(Rakesh Mohan Pandey) Judge
Ajinkya
2 issues framed by the court
Whether to direct the Sub Divisional Officer to conclude the pending proceeding under Section 40 of the C.G. Panchayat Raj Act, 1993 within a specified time.
Whether the delay in concluding statutory proceedings constitutes grounds for court intervention.
1 provisions across 1 enactments
Shailendra Verma
State Of Chhattisgarh
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
