TAMESHWAR KUMAR DHRUV v. THE STATE OF CHHATTISGARH
WPS/1776/2025 · 2025-03-12
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13005 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13005 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:12283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1776 of 2025 1 - Tameshwar Kumar Dhruv S/o Shri Roshan Lal Dhruv Aged About 32 Years Occupation - Pancyhayat Sachiv, Gram Panchayat Belar, Janpad Panchayat Abhanpur, Raipur, District Raipur Chhattisgarh R/o Village Onwa, Post Madeli, Tahsil Chhura, District Gariyaband Chhattisgarh
... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Panchayat, New Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - The Commissioner Raipur Division, District Raipur Chhattisgarh 3 - The Collector Raipur, District Raipur Chhattisgarh 4 - The Chief Executive Officer Zila Panchayat Raipur, District Raipur Chhattisgarh
... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Pushpendra Kumar Patel, Advcoate. For State : Ms. Shailja Shukla, Dy. Government Advocate
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 12/03/2025
1. Petitioner has filed this writ petition seeking following reliefs :-
“10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the Petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issue the writ/ or writs,
order / or orders, to direct the Respondent No.02 to decide the Appeal case No. 232/A-89/2021-22 "Title as Tameshwar
2 Kumar Dhruv Vs Chief Executive Officer, Zila Panchayat Raipur", filed by the petitioner on 19.05.2025, within stipulated period, in the interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the Petitioner, in the interest of justice.”
2. Learned counsel for petitioner submits that petitioner has preferred an appeal before the Commissioner, Raipur Division, Raipur way back on 19.05.2022 which is pending and has not been decided yet. Appeal was filed under Section 91 of the Chhattisgarh Panchayat Rajya Adhiniyam, 1993 read with Rule 3 of Chhattisgarh Panchayat Raj (Appeal and Revision) Rules, 1995, however, without any justification, appeal is pending before the Commissioner, Raipur Division, Raipur. Petitioner has been terminated from service and has right to challenge the termination order to get relief from higher authorities but due to pendency of appeal, petitioner is facing great hardship. In support of his contention, he has filed copies of order-sheets of the Court of Commissioner, Raipur Division, Raipur vide Annexure P/1. It is the limited prayer made by petitioner that respondent No. 2 / Commissioner, Raipur Division, District Raipur be directed to decide the Appeal Case No. 232/A-89/2021-22 filed by petitioner on 19.05.2022 at the earliest. 3. Learned State Learned submits that in view of the limited prayer made by learned counsel for petitioner seeking direction to respondent no. 2 to take decision on the pending appeal, he is having no objection. If the appeal is still pending consideration, it will be considered and appropriate orders will be passed in accordance with law. 3
4. Perusal of the order-sheets of the Court Commissioner, Raipur Division, Raipur (Annexure P/1) would show that appeal is pending and lastly it was listed on 11.11.2024 and it was directed to be listed on
03.03.2025. According to learned counsel for petitioner, on the said date also, it was not heard. 5.
Taking into consideration the fact that appeal is pending since 19.05.2022 and was lastly listed on 03.03.2025 and on the said date also, matter was not heard as submitted by learned counsel for petitioner, if the appeal is still pending, respondent No. 2 is directed to decide the appeal and to pass appropriate orders in accordance with law expeditiously, preferably within a period of one month from the date of receipt of this order. 6. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge