NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1244 of 2024  Dilan Chandrakar S/o Late Keju Ram Chandrakar Aged About 55 Years Sarpanch Gram Panchayat Dahadaha Janpad Panchayat Kurud, Kurud, P.S. And Tahsil Kurud, District : Dhamtari, Chhattisgarh ---- Petitioner Versus

1. State Of Chhattisgarh Through- The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh

2. State Of Chhattisgarh Through The Secretary, Department Of Social Welfare, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh.

3. The Collector Dhamtari, District : Dhamtari, Chhattisgarh.

4. The Sub Divisional OfÏcer (Revenue) Kurud, District : Dhamtari, Chhattisgarh.

5. The Deputy Director Department Of Social Welfare (District Level), Dhamtari, District : Dhamtari, Chhattisgarh.

6. The Chief Executive OfÏcer, Zila Panchayat Dhamtari, District : Dhamtari, Chhattisgarh.

7. The Chief Executive OfÏcer, Janpad Panchayat Kurud, District : Dhamtari, Chhattisgarh.

8. Thaneshwar Sahu S/o Shri H.K. Sahu Aged About 38 Years (Complainant), R/o Village Panchayat, Dahadaha, Janpad Panchayat Kurud, P.S. And Tahsil Kurud, District : Dhamtari, Chhattisgarh

9. D. S. Markam Sahayak Antrik Lekha Parikshan Avam Kararopan Adhikari, Janpad Panchayat Kurud, District : Dhamtari, Chhattisgarh

10. Jhalendra Kumar Kanwar Sahayak Antrik Lekha Parikshan Avam Kararopan Adhikari, Janpad Panchayat Kurud, District : Dhamtari, Chhattisgarh

11. Smt. T. Netam Assistant Grade 1 Department Of Social Welfare, Dhamtari, District : Dhamtari, Chhattisgarh

12. Akhileshwar Tiwari Incharge Deputy Director, Department Of Social Welfare Dhamtari, District : Dhamtari, Chhattisgarh.

13. Tejram Ansari Secretary Village Panchayat Dahadaha P.S. And Tahsil Kurud, District : Dhamtari, Chhattisgarh.

---- Respondents (Cause Title taken from Case Information System)

For Petitioner : Mr. Mayank Chandrakar, Advocate For Respondents/State : Mr. Praveen Das, Deputy Advocate General Hon’ble Mr. Justice Rakesh Mohan Pandey

Order on Board

28.02.2024

1. By way of the instant petition, the petitioner has filed this instant petition with the following prayer:

“i. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to call for the entire records of the case for kind perusal of this Hon’ble Court.

ii. That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned direction dated 29.12.2023 (Annexure P-1) passed by respondent No. 6 order dated 09.01.2024 (Annexure P-2) relating to registration of the Ra.Pra.Kra. 202401130500028/2023 passed by respondent No. 4 and the order dated 12.02.2024(Annexure P-3) passed by respondent No. 3 and thereafter be kindly pleased to direct the respondent authorities to allow the petitioner to perform his hob as sarpanch in village panchayat Dahadaha peacefully.

Iii. That, this Hon’ble Court may kindly be pleased to issue an appropriate writ or order and declare the impugned direction dated 29.12.2023 (Annexure P-1) passed by respondent No. 6 order dated 09.01.2024 (Annexure P-2) relating to registration of the Ra.Pra.Kra. 202401130500028/2023 passed by respondent No. 4 and the order dated 12.02.2024 (AnnexureP-

3) passed by respondent No. 3 void and illegal.

iv. That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.”

2. The learned counsel for the petitioner seeks permission of this Court to withdraw this petition with a liberty to take recourse to law.

3. Learned counsel for the respondents/State has no objection in this regard.

4. Permission is granted.

5. In view of the above, the instant petition is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioner.

6. Certified copy of the impugned order be returned after retaining its xerox copy. Sd/-

(Rakesh Mohan Pandey)

Judge amita