® i^fol^ Petitioner Resoondents l^'l HSGH COURT OF CHHATTISGARH AT B1LASPUR DIVISiON BENCH HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. Writ Appeal No.21 of 2008 Dhanna Lal Dewangan, S/o Bodhiram aged about: 37 years.Up Sarpanch, Gram Panchayat Chandrapur, Tahsil : Dabhra, Djstt Janjgir Champa (CG) Versus 1 State of Chhattisgarh, Through : The Secretary, Panchayat and Gramin Vikash Vibhag, Mantralaya, DKS .. Bhawan, Raipur (CG) 2 The Sub Divisional Officer, (Revenue) & Prescribed Atrthority, Dabhara, Distt Janjgir -Champa (CG) 3 The Collector, Janjgir, Distt Janjgir Champa (CG) 4 The Additional Collector, Janjgir, Distt Janjgir - Champa (CG) 5 Kanti Bai Chauhan W/o Jamuna Prasad, D/o Donderam, Aged about 32 years, Officiating Sarpanch, Gram Panchayat Chandrapur, Tahsil Dabhra, Distt Janjgir Champa (CG) Memorandym ofWrit Appeal under Section 2 (11 of Chhattisaarh Hiah Court (Appeal to Division Benchi Act. 2006 read With Rule 157 (101 ofChhattisqarhHiahRule 2005 Present: Shri Pushpendra Kumar Patel, counsel forthe appellant. Shri NK Agrawal, Deputy Advocate General for the State / respondents No.1 to 4. Shri Sushil Dubey, counsel for respondent No.5. 1 jjj: imr' (7th January, 2009) The following judgment of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard. 2) Appellant Dhanna Lal Dewangan has filed this writ appeal against the order dated 23.01.2008, passed in WP(C) No.485/2008. 3) Appeliant / Petitioner Dhanna Lal Dewangan filed the writ petition for the following reliefs : " 7.1 That, this Hon'ble Court may kindly be pleased to issued a writ / or writs / order / or orders to quashed the order no / Panchayat 2636 / Panchayat Gramin Vikas Vibhag / 2008 / 170/ dated 7.1.2008 (Annexure P/1) passed by the respondent No.1. 7.2 That, this Hon'bie Court may kindly be pleased to issued a writ / or writs / order / orders to maintained the suspension order dated 26.12.2007 (Annexure P/2) passed by the sub division offioer, (Revenue) and prescribed authority, Dabhara and also maintained the confirmation order dated 31.12.2007, passed by the Additional Coilector, Janjgir (Annexure P-3). 7.3 That, any other relief this Hon'ble Court,deep fit may also be granted." 4) The petitioner, thus, in substance was seeking quashing of the order dated 07.01.2008 (P/1) whereby the order of suspension of respondent No.5 Kanti Bai Chauhan from the post of Officiating Sarpanch was revoked. 5) After hearing the learned counsel for the parties, we find that the amended ctause (b) of Sub-Section (1) of Section 39 of K^A ES ^^ E*' aiga lii;^l subbu Chhattisgarh Panchayat Raj Adhiniyam, 1993 was not brought to the notice of the Writ Court by the learned counsel for the parties during the course of hearing ofthe writ petition. 6) The matter, therefore, deserves to be remanded for hearing of the writ petition afresh. 7) The writ appeal, therefore, is allowed. The impugned order dated 23.01.2008 dismissing the writ petition is set aside and the matter is remanded back to the Writ Court for hearing the writ petition afresh. 8) The Registry is directed-to post the writ petition for hearing on the admission before an appropriate Single Bench in the week comtnencjnq 19.01.2009. j Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge •^wsa ».§s&a •^ir JUII ^.ii?^!^ KIM i:"BS wva -RNi •IIIIU IIBI KSSS ^Bia ffiii ilii ~~R