HieH COURT OF CHHATTIS^RH 4T BILASPUR Writ Petitlon N©.6310/2005 COftA^". Hon'ble Shri S.ft. Nayak, CJ &. Hon'bie Shri Dilip Rao^iheb Deshmukh, J. PETTnQNER RE5PONDENTS Radhe Shyam Thavait, S/o Late Shri Rampyare Thavait, Aged about 44 years, Occupation, Sarpanch, 6ram Panchayat, okhra, Block-Janjgir, District-Janjgir Champa, R/o ViKage-Khokhra, BJock- Janjgir, Distt. Jcuijgir Champa* Versus 1. State of Chhattisgarh, Tlirough Secretary, Panchayat Panchayat SociaJ And Urban Deveiopment bepartment, Govt, of Chhattisgarh, AAantrabya, Shastri Chowk, D.K.S. Bhawan, Raipur (C.&.) 2. Collector, District-Janjgir Champa (C,&.) 3. Chief Executive Offlcer, Zi!a Panchayat, Janjgir Champa, Oistrict-Joinjgir Champa (C.G.) 4. Chief Exeeutive Officer, JanpQt Panchayat Navagarh, Distn'ct- Janjgir Chanipa, Shrj Rajeev Shrivastava, Counsel for the petitioner. Shri U. N.S.Deo, 6.A. for tiie State. ORAL ORDER (Passed on 15th June 2006) The foSiowing oral order of the Court was passed by S.R.NAYAK.C.J. Jhe grievance of the petitioner who is ex-Member of Zila Panchayat, Janjgir Champa and present Sarpanch of Gram Panchayat- Khokhra, Biock Janjgir, TahsiS and District Janjgir-ChampG is that the action of the first respondent in shifting the headquartsr of Block- Janjgir to Navagarh is ex facfe IJjega! and violatjve of inandQtory' provisions of sub-section (1) of Section 127 of the ChhattisgGrh -2.- -z' Pcnchayat Raj Adhiniyam, 1993 (for short l1fse Adhiniyam'). When this matl-er was heard on the last occasion ie. on 14,12,2005, w©were not whether any notification issued by the first respondent as envisaged under sub-section (1) of Section 127 of the Adhiniyam. That is why, we directed the Jearned State Counsel to inform us whether the headquarter was shifted to Navagarh by issuing any notification as envisaged under sub-section (1) of Section 127 of the ,4dhiniyam. Today, at the time of hearing, leamed State Coun^l, on the basis of instructions received by him _from the first respondent, submit that no notification as envisaged under sub-section (1) of Section 127 of the Adhiniyam was Issued to change the headquarter to NavQgarh. 2, In view of 1+ie above speciflc subinission, we should state that the chage of headquarter to Navagarh is ex facie Illega! and in blatant vioSation of mandatory provisions of sub-section (1) of Section 127 of the Adhiniyar^ On that short ground/we dbw the writ petition and quash the impugned order Annexure P/5, dated 30.11,2005. No costs. Sd/- Chief Justice Sd/- DiUp Raosaheb Deshmukh Judge