High CourtsSingle Bench(2018) 08 CHH CK 0033

Vipin Dev Sharma vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 August 2018

HON’BLE JUDGES
PRASHANT KUMAR MISHRA, J
RESULT
Disposed off
CASE NUMBER
Writ Petition Civil No. 1089 of 2018

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Judgment

15 paragraphs · 255 words
1.

On due consideration, IA No.1, application for impleadment of new respondent Nos.4 to 8, is allowed.

2.

Let necessary correction be made during the course of the day.

3.

Learned counsel for the petitioner is heard on admission.

4.

The grievance raised in the writ petition is that the office bearers of the Gram Panchayat Dhaneli, Dharsiwa, District Raipur have encroached the

government land, for which the petitioner has moved an application under Section 40 of the Panchayat Raj Adhiniyam, 1993 (for short 'Adhiniyam,

1993') for their removal from the office. However, despite lapse of more than one and half years, the SDO (Revenue), Raipur has not completed the

proceedings and no orders have been passed on petitioner's application.

5.

It appears from Annexure-P-2 that the petitioner has moved the application under Section 40 of the Adhiniyam on 16.02.2017 and since then the

proceedings are pending before the Competent Authority.

6.

Considering the entire facts situation of the case, the writ petition is disposed of with direction that on petitioner's presenting certified copy of this

order along with copy of the writ petition before the SDO (Revenue), Raipur, the said Authority shall do well to complete the proceedings under

Section 40 of the Adhiniyam, 1993 within a reasonable time, preferably within a period of 4 months from the date of presentation of certified copy of

this order.

7.

It is made clear that the SDO (Revenue) shall complete the proceedings in accordance with law after giving full opportunity of hearing to the

necessary parties.