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2025 DAILYLAW 22066 (CHH)

AMARU NISAD v. STATE OF CHHATTISGARH

WPC/1904/2020 · 2025-02-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:8894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1904 of 2020 1 - Amaru Nisad S/o Shri Kodu Nisad Aged About 43 Years R/o Village- Bhurki, P.S. Bemetara, Tahsil And District- Bemetara, (C.G.), District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, (C.G.), District : Raipur, Chhattisgarh 2 - Collector Bemetara, District- Bemetara, (C.G.), District : Bemetara, Chhattisgarh 3 - Chief Executive Officer Zila Panchayat, Bemetra, District- Bemetra, (C.G.), District : Bemetara, Chhattisgarh 4 - Chief Executive Officer Janapad Panchayat, Bemetra, District- Bemetra, (C.G.), District : Bemetara, Chhattisgarh 5 - Sub Divisional Officer (Revenue) Bemetra, District- Bemetra, (C.G.), District : Bemetara, Chhattisgarh 6 - Secretary Gram Panchayat, Bhurki, District- Bemetra, (C.G.), District : Bemetara, Chhattisgarh 7 - Goukaran @ Dilharan S/o Videshi Yadav Aged About 39 Years R/o Village- Bhurki, Tahsil And District- Bemetra, (C.G.), District : Bemetara, Chhattisgarh ---- Respondents For Petitioner : Ms. Meena Shastri, Advocate For State : Mr. Prateek Tiwari, Panel Lawyer For respondent No.4 : Mr. Sourabh Mahant, Advocate holding the Digitally signed by REKHA SINGH -2- brief of Mr. Chandresh Shrivastava, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.02.2025 1. The petitioner has filed this petition seeking the following relief(s) : “10.1 That, Hon'ble Court kindly be pleased to pass any appropriate writ/direction/order/commanding the respondents to set-aside the orders dated 06-07- 2020 (Annexure P-01) passed by the Respondent No.05 and letter dated 09-07-2020 (Annexure P-02) passed by the Respondent No.04. 10.2 That, the petitioner further prayed that this Hon'ble Court may kindly be pleased to direct the Respondent No.01 to 06 to suspend/remove/terminate the Respondent No.07, immediately. 10.3 Any other relief(s), which may deems fit, looking to the facts & circumstances of the case may be given to the petitioners.” 2. It appears that the petitioner who was elected as Sarpanch of Gram Panchayat, Bhurki, Janpad Panchayat, District Bemetara (C.G.) was placed under suspension according to the provisions of Section 39 of the Chhattisgarh Panchayat Raj Adhiniyam vide order dated 06.07.2020 and a specific order was issued by the Chief Executive Officer, Janpad Panchayat Bemetara on 09.07.2020. 3. Taking into consideration the fact that the tenure of the Sarpanch has already expired, nothing survives for adjudication. Consequently, the present petition is dismissed. However, the 3 petitioner would be at liberty to revive his prayer, if cause of action still survives. Sd/- (Rakesh Mohan Pandey) Judge Rekha