Durga Prasad Sinha vs Shailesh Kumar Sahu and Others

Satish K. Agnihotri, J.—With the consent of learned counsel appearing for the parties, the matter is heard finally. The main grievance of the petitioner is that the Sub Divisional Officer (Revenue) (for short ''the SDO'') Balod has no jurisdiction to consider the case for removal of the office bearer u/s 40(1) of the Panchayat Raj Adhiniyam, 1993 as at the relevant time, a new block was created and village Haldi fell under the jurisdiction of Gunderdehi.

Learned counsel appearing for the respondent No. 1, as well as learned Panel Lawyer appearing for the respondent No. 2 to 4, relying on the order dated 01.01.2012 (Annexure R-1/1) submit that it is indisputable that village Haldi comes within the territorial jurisdiction of Gunderdehi, however, the SDO, Balod was also exercising power of SDO, Gunderdehi at the relevant time.

In the instant case, the impugned order dated 11.06.2012 (Annexure P/1) was passed by the SDO, Balod. May be the officer was one and the same, however, the SDO, Balod, exercising his power as SDO, Balod has no power to consider the case of village Haldi, which is beyond his territorial jurisdiction. The officer exercising his power as SDO, Gunderdehi, only was competent to pass order in respect of any proceedings arising out of village Haldi. In the instant case, the impugned order is passed by the SDO, Balod, which is beyond his jurisdiction. Thus, the impugned order dated 11.06.2012 (Annexure P/1) is quashed and without expressing any opinion on the merits of the case, the matter is remitted back to the SDO, Gunderdehi for fresh consideration, in accordance with law. Resultantly, the writ petition is allowed to the above extent. No order as to costs.