Order On Board

05/09/2022

1. With the consent of Counsel appearing for the parties, the matter is heard fnally.

2. This petition has been fled by the petitioner being aggrieved by the impugned order dated 02.03.2021 passed by the Collector, Kabirdham (annexure P/1), whereby the Collector, Kabirdham has rejected the revision fled by the petitioner’s society under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 on the ground of maintainability.

3. Facts of the case, in brief are that, the petitioner is a registered society under the Societies Act. Gram Panchayat Raja Nawagaon published the advertisement for allotment of ponds for a period of 10 years for pisciculture on 26.09.2020. The petitioner’s society, respondent society and one other society have applied for allotment of ponds. The Gram Panchayat by way of proposal No.2 rejected the application of the petitioner’s societies on the ground that he has not properly submitted the audit report and not produced the amount of fees and therefore, given the proposal in favour of respondent No.6’s society on its proposal dated 28.10.2020. Against the said proposal, an appeal has been fled by the petitioner’s society under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in short ‘the Act, 1993’) before Sub-Divisional Ofcer (Revenue), Bodla, District – Kabirdham, Chhattisgarh, under Section 91(1) of the Act, 1993. The Sub-Divisional Ofcer (Revenue) without properly appreciating the material and documents, rejected the appeal of the petitioner. Thereafter, a revision was fled by the petitioner’s society before the Collector, Kabirdham, which was rejected by the Collector vide impugned order dated 02.03.2021 on the ground of maintainability.

4. Learned Counsel for the petitioner submits that the impugned order dated 02.03.2021 (annexure P/1) passed by the Collector, Kabirdham is illegal, erroneous and contrary to the law. Referring to the provisions of Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, learned Counsel submits that the appeal and revision is maintainable against the order or proceedings of the panchayat and other authorities under this Act. Further referring to Rule 5 of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995, it is submitted that an order passed by the Sub-Divisional Ofcer is revisionable. Thus, it is prayed by Counsel for the petitioner that the impugned order dated 02.03.2021 passed by the Collector, Kabirdham be quashed and matter may be remanded back to the Collector for deciding the revision preferred by the petitioner in accordance with law.

5. Learned Counsel for the respondents formally oppose the arguments advanced by Counsel for the petitioner. However, it is fairly admitted by them that as per the contents of provision of Section 91 of the Act, 1993 and Rule 5 of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995, the revision is maintainable.

6. Looking to the above submissions made by Counsel for the parties, the impugned order dated 02.03.2021 (annexure P/1) passed by the Collector, Kabirdham is hereby quashed. The matter is remanded back to the Collector, Kabirdham to decide the revision preferred by the petitioner in accordance with law as early as possible, preferably within a period of 60 days from receipt of copy of this order. 7. With the aforesaid direction, this petition is disposed of.