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2025 DAILYLAW 40328 (CHH)

DOMESHWARI MANDAVI v. STATE OF CHHATTISGARH

WPC/4582/2022 · 2025-01-24

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:4548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4582 of 2022 1 Domeshwari Mandavi W/o Domendra Mandavi, Aged About 26 Years R/o Village Deori Bangla, Post Deori Bangla, Tehsil Dondilohara, District Balod, Sarpanch Gram Panchayat, Deori Bangle, Janpad Panchayat Dondilohara, District : Balod, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 State Of Chhattisgar, Through Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh 3 The Collector, Balod, District : Balod, Chhattisgarh 4 Additional Tehsildar, Marri Bandla (Deori), District : Balod, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Shikhar Bakhtiyar, Advocate 2 For Respondent(s) / State : Ms. Upasana Mehta, Dy. G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24/01/2025 Heard. 1. By the present writ petition, the petitioner, who is Sarpanch, Gram Panchayat Deori Bangle, Janpad Panchayat Dondilohara, District Balod, preferred the present petition against the notification dated 03.08.2022, issued by the State government by which in place of “Deori Bangla” “Marri Bangla” has been declared as new Tehsil. 2. Learned counsel for the petitioner submits that the petitioner along with others have submitted a representation to the then Hon’ble Chief Minister on 06.10.2022 to declare Deori Bangla as new Tehsil and the proposal dated 03.08.2022 was also there to declare Deori Bangla as new Tehsil. He further submits that however by the notification dated 06.10.2022, Marri Bangla (Deori) has been declared as new Tehsil and that is bad in law as the respondents have not taken the decision as proposed earlier. 3. Learned State counsel would submit that no objection was submitted by the petitioner against declaration of Marri Bangla as new Tehsil, hence, after notification the petitioner cannot challenge the same. 3 4. I have heard learned counsel for the parties and perused the records. 5. Perusal of the records shows that one of the grounds of the petitioner is that earlier he along with others have approached the then Hon’ble Chief Minister to make Deori Bangla as new Tehsil and it was also proposed before the notification. 6. Considering the facts, the writ petition filed by the petitioner is disposed off with the liberty to the petitioner to approach the competent authority for declaration of Deori Bangla as new Tehsil of District Balod. Sd/- (Bibhu Datta Guru) JUDGE Jyoti