High CourtsSingle Bench

Anil Kumar Behra vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 21 February 2018 · Citation: (2018) 02 CHH CK 0350

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 1640 Of 2018
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Judgment

11 paragraphs · 211 words

P. Sam Koshy, J

1.

The grievance of the petitioner is that the representation which the petitioner had filed subsequent to the disposal of the Writ Petition i.e. WPS

No.7334/2017 has been rejected by the Chief Executive Officer, Zila Panchayat, Jashpur on 25/01/2018.

2.

Before entering into the merits of the case it has been brought to the notice of this Court that, the earlier Writ Petition was disposed off with liberty

granted to the petitioner to challenge the order passed in the representation. It was held that if it goes against the petitioner, he would be at liberty to

challenge the order by filing an appeal to the appellate authority under the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995. The appellate

authority under the said statutes is the Divisional Commissioner, Surguja (C.G.). As such the present Writ Petition would not be maintainable.

3.

Given the aforesaid observations by this Court in an earlier round of litigation, this Court directs the petitioner to prefer an appeal to the Divisional

Commissioner.

4.

Accordingly, the present Writ Petition stands disposed off with liberty to the petitioner to file an appeal before the concerned Divisional

Commissioner who in turn shall consider the case of the petitioner on its own merits in accordance with rules.