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2025 DAILYLAW 1358 (CHH)

RAMULA RATHIYA v. STATE OF CHHATTISGARH

WPC/60/2025 · 2025-01-08

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:1077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 60 of 2025 1 - Ramula Rathiya W/o Shri Sukhram Rathiya Aged About 41 Years R/o Village Chhuidhola Gram Panchayat Rajgamar Police Station Chowki Rajgamar Tahsil And District - Korba (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Thorugh The Secretary Department of Panchayat And Village Development Mahanadi Bhawan Atal Nagar Raipur District - Raipur (C.G.) 2 - Collector Korba District - Korba Chhattisgarh 3 - Sub- Divisional Officer (Revenue) Cum Prescribed Authority Korba District - Korba (C.G.) 4 - Chief Executive Officer District - Panchayat Korba District - Korba (C.G.) 5 - Chief Executive Officer Janpad Panchayat Korba District - Korba (C.G.) ... Respondent(s) For Petitioner : Mr. Shobhit Koshta, Advocate For Respondents/State : Mr. Shreyansh Mehta, Panel Lawyer. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.08 17:57:09 +0530 2 Hon'ble Justice Shri Bibhu Datta Guru Order on Board 08/01/2025 1. By this present writ petition, the petitioner is seeking quashment of the show cause notice dated 06/12/2024 issued under Section 40 of the C.G. Panchayat Raj Adhiniyam by the respondents. 2. Learned counsel for the petitioner submits that the allegation under which the show cause notice has been issued is the same which was issued under Section 92 of the C.G. Panchayat Raj Adhiniyam which is under challenge in a writ petition i.e. WPC No.5178/2024 and the matter is sub judice before this Court. 3. Learned counsel for the respondents/State submits that the petitioner can raise objection and submit explanation to the said show cause notice issued under Section 40 of the C.G. Panchayat Raj Adhiniyam before the competent authority. 4. I have heard learned counsel for both the parties. 5. Looking to the grievance of the petitioner that a writ petition against the proceedings under Section 92 of the Panchayat Raj Adhiniyam is still pending before this Court and the petitioner is having sufficient explanation to explain the authority who has issued the show cause notice to him, the writ petition is disposed of with a liberty to the petitioner to raise all the grounds and objection/explanation before the competent authority, who has issued the show cause notice. 3 6. With the aforesaid observation(s) and direction(s), the writ petition is disposed SD/- (Bibhu Datta Guru) Judge Amardeep