Ramchandra Patel, vs State Of Chhattisgarh

Heard.

By way of this petition filed under Section 226 of the Constitution of India petitioners have sought for the following reliefs:-

10.1 A writ and/or an order in the nature of writ of mandamus do issue calling the relevant records from the court below pertaining to the case of petitioner for its kind perusal.

10.2 A writ and/or an order in the nature of appropriate writ do issue direction to the respondent authorities to decide the representations pending before them within any stipulated time frame.

10.3 Cost of the proceedings.

10.4 Any other writs and directions that may be deemed fit and just in the facts and circumstances of case.

The grievance of the petitioners in instant case is inaction of the respondent authorities for not taking any action in deciding the representation of the villagers in bifurcating the village Jhipatola from Gram Panchayat Khairkheda, Tehsil Charama, District Kanker (C.G.).

Learned counsel for the petitioners would submit that petitioners are the residents of Village Jhipatola, which is a dependent Village of Khairkheda, Tehsil Charama, District Kanker (C.G.). Villagers of the Jhipatola have made the representation (Annexure-P/2) and sent the same through registered post dated 12.07.2023 to respondent No.1 to get separated their aforesaid village from village Panchayat Khairkheda and notify their village as separate revenue village and also declare their village Jhipatola as Gram Panchayat. It is further submitted that earlier also, petitioners have sent such representation to the respondent No.1, despite that their grievance has not been redressed. Counsel for the petitioners submits that this petition may be disposed of by directing respondents No.1 to 3 to consider and decide their representation (Annexure-P/2) at the earliest.

Per Contra, learned counsel for the State would submit that documents annexed by the petitioners along with this writ petition itself shows that proceeding has been initiated for redressal of grievance of the petitioners and necessary report has been sought from Subordinate Revenue Officers like; Tehsildar, Revenue Inspector, Patwari etc. Thus, he would submit that he has no objection to allow the limited prayer made by the petitioners.

Perusal of the facts and document placed by the petitioners’ counsel before this Court shows that their demand is to get separated their village Jhipatola as a separate independent revenue village, also get it separated from Village Panchayat Khairkheda and also to make their Village Jhipatola as a separate Gram Panchayat.

Perusal of the record placed by the petitioners also shows that proceeding is also under consideration and some steps have been taken by the respondent authorities, as various reports have been sought. Therefore, considering the limited prayer of the petitioners, this petition is disposed of with a direction to the respondents No.1 to 3 to consider and decide the representation (Annexure-P/2) as early as possible.

It is further directed that petitioners may file fresh copy of their representation (Annexure-P/2) before the respondent No.1 with regard to the redressal of their grievance along with the copy of this order within a period of 1 month from today.

Since grievance of the petitioners is said to be pending since long, therefore, this Court expects that respondent authorities shall redress the grievance of the petitioners at the earliest by following all the necessary required procedure in accordance with law/applicable rules.

With the aforesaid directions, this petition is disposed of.