Dismissed¶¶31

Budharu v. State Of Chhattisgarh

Chhattisgarh HC12 Sept 2024WPS/3964/2015

Case brief

AI extract

What is this about?

Retrenchment notice dated 18.8.2015 withdrawn on 14.12.2015 before action; petition dismissed for want of surviving cause of action; liberty reserved to revive prayer; Water Resources Department / Pipariya Project, Chhuikhadan, Rajnandgaon, Chhattisgarh; single-judge order by Rakesh Mohan Pandey; no statute or precedent cited; neutral citation 2024:CGHC:35964.

What did the court decide?

Liberty to revive the prayer, if cause of action still survives. ¶¶31

Budharu Vs State Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

¶1

Digitally signed by SMT NIRMALA RAO

2024:CGHC:35964

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3964 of 2015

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1 - Budharu S/o Manrakha Lodhi, Aged About 40 Years R/o. Village Birutola, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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2 - Raghunath S/o Shri Pancham Gond, Aged About 43 Years R/o. Village Birutola, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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3 - Tiharu S/o Shri Manrakhan, Aged About 44 Years R/o. Village Birutola, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

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4 - Budharu S/o Shri Alakh Ram, Aged About 40 Years Village Ghoghare, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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5 - Dhannu @ Jagesar, S/o Shri Jhanak Ram, Aged About 41 Years Village Ghoghare, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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6 - Ram Saptah S/o Shri Alakh Ram, Aged About 44 Years Village Ghoghare, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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7 - Mehtar S/o Shri Kabilal, Aged About 42 Years Village Ghoghare, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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8 - Sarju Ram S/o Shri Samaru, Aged About 48 Years R/o. Village Hatbanja Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

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9 - Panchu S/o Darbari, Aged About 48 Years R/o. Village Kanimera, Tahsil And Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

... Petitioners

versus

1 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

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2 - The Executive Engineer, Pipariya Project, Head Work, Water Resources, Sub Division, Chhuikhadan, District Rajnandgaon Chhattisgarh

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	... Respondents
For Petitioners	: Shri Shikhar Sharma, Advocate.
For Respondents/State	: Shri Atanu Ghosh, Dy. G.A.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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13.09.2024

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The petitioners have filed this petition seeking the following

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reliefs:-

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“10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the notice dated 18.8.2015 (Annexure P1) and direct the respondent No.2 that petitioners to be continuous in their service.

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10.2 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.”

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1. Learned counsel for the State would submit that a notice of retrenchment was issued against the petitioners on 18.8.2015. He would submit that vide order dated 14.12.2015, the notice of retrenchment dated 18.8.2015 was withdrawn and a document in this regard was placed alongwith return.

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1. Taking into consideration the fact that the notice of retrenchment was not given effect to and same was withdrawn by the respondents themselves on 14.12.2015, in opinion of this Court,

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¶31

nothing survives in this petition, therefore, this petition is dismissed . However, the petitioner would be at liberty to revive the prayer, if cause of action still survives.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nimmi

Budharu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Budharu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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