L.R. LAHRE @ LALIT LAHRE vs STATE OF CHHATTISGARH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 648 of 2022
1. L.R. Lahre @ Lalit Lahre S/o Late Nankiram Aged About 52 Years Up Sarpanch Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, Distt. Jashpur (C.G.)
2. Gomti Bai W/o Sukdeo Singh Aged About 40 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
3. Hirmet Bai W/o Hemant Singh Aged About 55 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
4. Tobhavati W/o Ghanshyam Aged About 38 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
5. Dushyant Singh S/o Ganesh Aged About 30 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
6. Heera Banjare W/o Rangmat Singh Aged About 42 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
7. Moharsai S/o Bulsingh Aged About 42 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
8. Kusumlata W/o Ravindra Singh Aged About 45 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
9. Kalawati W/o Chitranjan Aged About 50 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
10. Sangeeta Kandra W/o Basant Kandra Aged About 35 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
11. Sulochna W/o Ramkumar Aged About 48 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
12. Sashikala W/o Mihitraj Aged About 35 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
13. Shobhit Singh S/o Bhagwan Singh Aged About 28 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh
14. J.R. Kurre S/o Komalram Aged About 60 Years Panchas, Village Panchayat Godhikala, Tahsil Pathalgaon, Distt. Jashpur (C.G.)
---- Appellants Versus
1. State of Chhattisgarh Through Collector, Jashpur, District : Jashpur, Chhattisgarh
2. Competent Authority/sub-Divisional Officer (R) Pathalgaon Civil And Revenue District Jashpur (C.G.)
3. The Presiding Officer/tahsildar Tahsil Pathalgaon, Distt. Jashpur (C.G.)
4. Smt. Munee Sidar W/o Shri Laxminarayan Sidar Aged About 32 Years Sarpanch, Gram Panchayat Godikala Janpada Panchayat Pathalgaon R/o Village And Post Godikala, P.S. And Tahsil Pathalgaon Civil And Revenue Distt.-Jashpur (C.G.)
---- Respondents (Cause-title taken from Case Information System)
For Appellants : Mr. Bharat Lal Dembra, Advocate.
For Respondents No. 1 to 3 : Mr. Gagan Tiwari, Deputy Government Advocate.
For Respondent No. 4 : Dr. Shailesh Ahuja, Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Sanjay Agrawal , Judge

Advocates:
['Jitendra Kumar Saxena', '', 'Bharat Lal Dembra', 'A G', '', 'PANKAJ KUMAR', 'PALASH PRAKASH RAJANI', 'YASHESH AHUJA', 'ANJU AHUJA', 'DR SHAILESH AHUJA']

Order on Board

Per Arup Kumar Goswami, Chief Justice

01.12.2022 Herad Mr. Bharat Lal Dembra, learned counsel for the appellant. Also heard Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for respondents No. 1 to 3 and Dr. Shailesh Ahuja, learned counsel, appearing for respondent No. 4.

2. The writ appeal is preferred against an order dated 09.11.2022 passed by the learned Single Judge in WPC No. 4622 of 2022, whereby, till the next date of hearing, Annexure P/3 dated 31.10.2022 was stayed.

3. By Annexure P/3, the Sub-Divisional Officer had fixed 10.11.2022 as the date for discussing a no confidence motion sought to be moved against the writ petitioner by the present appellants and some other Panchayat Members, on the basis of requisition dated 19.10.2022.

4. It is submitted by Mr. Dembra that the appellants had also filed an application on 29.11.2022 for vacating the interim order.

5. The order passed by the learned Single Judge is an interlocutory order, and therefore, the present appeal is not maintainable in view of Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006).

6. As such, we are not examining the appeal on merits. However, noticing that no date has been fixed by the learned Single Judge, we direct the Registry to list the writ petition before the learned Single Judge having roster on 06.12.2022 along with the application for vacating stay.

7. The writ appeal stands disposed of accordingly.

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