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2026 DAILYLAW 20522 (CHH)

MURLI SHARMA v. STATE OF CHHATTISGARH

WPC/1673/2023 · 2026-05-06

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:21339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1673 of 2023 1 - Murli Sharma S/o Late Jugal Kishore Sharma Aged About 45 Years R/o - Village- Limtara, Tahsil - Simga, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Rajkumar Nishad S/o Late Panchram Nishad Aged About 35 Years R/o - Village- Limtara, Tahsil - Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Collector District - Balodabazar-Bhatapara, Chhattisgarh 4 - Sub Divisional Officer Simga, District : Balodabazar-Bhathapara, Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat Simga, District : Balodabazar- Bhathapara, Chhattisgarh. 6. Ranjeeta Wife of Shiv Kumar Tandon, aged about 40 years, Sarpanch Village Panchayat Limtara, Tahsil Simga, District Balodabazar-Bhatapara (C.G.) 7. Suresh Gitore, aged about 29 years, Secretary, Village Panchayat Limtara, Tahsil Simga, District Balodabazar-Bhatapara (C.G.). 8. Anita Banjare, Wife of Ramesh Banjare, aged about 28 years, Rozgar Sahayika Village Panchayat Limtara, Tahsil Simga, District Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Prachi Singh, Advocate. For State/Res(s) : Ms. Anusha Naik, Dy GA. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.08 10:13:00 +0530 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/05/2026 1. By way of this Writ Petition, the petitioner has prayed for the following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authority particularly the respondent No.3 & 4 to conduct proper enquiry against the Sarpanch, Secretary and Rozgar Sahayak of Village Panchayat Limtara, District Balodabazar-Bhatapara (C.G.) according to the provision of Section 40 of Chhattisgarh Panchayat Raj Adhiniyam by making respondent No.4 as competent authority to make enquiry in the matter. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to complete the said enquiry within outer limits of 45 days. 10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case. 2. At the outset, learned State counsel submits that the petitioner by way of this Writ Petition has sought for enquiry against the Sarpanch, Secretary and Rozgar Sahayak of village Panchayat Limtara, District Balodabazar, Bhatapara, C.G. 3. Learned State counsel while supplying emphasis on their return submits that the tenure of the Sarpanch has already come to an end. So far as Secretary is concerned, enquiry against him is pending before Zila Panchayat Baloda Bazar Bhatapara and Annexure R/1 goes to show that Rozgar Sahayak has been removed from the services. As such, nothing remains in this petition for adjudication and the same has become infructuous. 4. Learned counsel for the petitioner would not oppose the aforesaid submission. 5. Considering this fact that by this petition, the petitioner has sought direction for enquiry against the Sarpanch, Secretary and Rozgar Sayak under Section 40 of the Panchayat Raj Adhiniyam, however, in view of the fact that term of the 3 Sarpanch has come to an end and enquiry is pending against the Secretary and the Rozgar Sahayak has already been removed from services, this Writ Petition has become infructuous. 6. Accordingly, this Writ Petition is dismissed as having become infructuous. 7. However, if grievance of the petitioner still persists he may file appropriate appliaction before the authorities concerned. Sd/- (Amitendra Kishore Prasad) Judge Avinash