Egg IQ=§E HEEL! $Qgg? Q? QEHAi§AE§ A!" EELA @ il$ §P JR. \ gg/H'! éDEIQ'EEQg' MQ r0» Q'AF QE 2994 PETITIONER Smt. Jyoti Sharma, Wife of Shri Kamlesh Sharma, é/Aged about 33 years, . a Sarpanch, Gram Panchayat, Bhadaha, Tahsil Tilda, District Raipur (C.G.) ¥E£$LJ§ 5‘ 1‘.‘ i o‘) a The SubaDivisionai omcer, Raipur, District Raipur (C.G.) The Up-Sarpanch, Gram Panchayat, Bhadaha, ,1 Tahsii Tilda, District Raipur (C.G.) ii WRQT PE?!?!Q!‘—! LJQQQER; AREQLE wgrtrgsrrasg n: raga-2%; 2 A yul‘u x-s ll l u I lyin y: u! rs 1) PARTICULARS OF THE PETlTlONER : Aé stated above. 2) PARTICULARS OFESPONDENTS : AS stated above. ) PARTICULARS OF THE ORDER AGAINST WHICH THE PETITIQAI IS MAQE; \ This P-5) petition passed is by agaihst the Respondent the order dated No.2, 28.01.2604 Director (Panchayat), (Annexure w § Q State of Chhatt‘isgarh, RESPONDENTS Through the Secretary, Panchayat & Gramin & Vikas, Mantraléya, D.K.S. Bhawan, Raipur (C.G.) The Director (Panchayat), i‘ State of Chhattisgarh, /.'; (w s Raipur (C.G.) ' ."#Qiyc‘x: , ,a The Additionai Collector, K ‘1‘ geewv‘ w Raipur, . District .7 . Raipur . (C.G.) XI~HG22 W m Vwwo o..sgi W m rs»—M uwav MQ“, a \ been passed against the contrary to Rule 5 of' N Revision) Rules, 1995. Ruh and Revision) Rules is relevz “5. Revision — (1) (a) Commissioner, the 1 Collector may on its, application by any j purpose ofsatisfying i1 or propriety of any o; regularity of the p7 subordinate to it/hin record of any case p6 by, such authority a1 reference thereto as it/ Provided that it/he si order unless notice hc interested and opport heard: Provided further that shall be entertained under the Act. (b) An appliCation for only be entertained if not on acts. principles of natural justice and I.P./C.G. Panchayat (Appeal and 3 5 of M.P./C.G. Panchayat (Appeal mt and quoted below: The State Government, the )irector of Panchayat, the lhis' own motion or on the aarty, at any time for the 'seZf/ himselfas to the legality ‘der passed by or as to the oceeding of, the authority v, call for and examine the *nding before, or disposed of id may pass such order in ’he‘may think fit: tall not vary or reverse any is been served on the parties ‘inity given to them for being no application for revisio against an order appealable - I revision by any partyshall it is on the point of law and €&ww:e¢&saw:mzzm§~we eraw WeW f n 3’we. XLHC‘22 4» " ‘ 3?: W, mg, W 3m 113m 11mmm‘ vi 200 m m am W W m WEI m mat 11%?! $111M? a;W 3Wm WW .y 2;- 4'. Shri Jajswal submits that the order dated 28.01.2004 ha$ (2) Notwithstanding anything contained in sub-rul (1F (i) Where proceedi in respect ofany case have been commenc by the State Government under sub-rule (1 no action shall be taken by other Officer men 'oned in the said sub-rule in respect thereof; a d (ii) Where proceedi in respect ofany such case have been co menced by the Officer mentioned in ub-rule (1), the State Government may either rejtain from taking any action under this rule in respect of such case until thefin disposal ofsuchproceeding by such Offic or may withdraw such proceeding and ass such order as it may deem jit. " 5. A plain reading of Rul 5 shows that clause (v1), (a) of this rule stipulates that the Re sionaltauthority shall not vary or tices-have been served on the parties interested and opp rtunitii given to them for being heard. reverse any order unless 6. This Court in the c e of Smt. Rani Bai vs State of , , Chhattisgarh and Others r orted in 2002(2)C.G.L.J. 57 dealt with the similarimatter and hile setting aside the order passed \ > by the Revisional Court, r ed the matter to the authority ;wlli “a k wwvsamxsae [new e n e n s e o My. ama ‘ \ e d \ \ XI-HC-22 : mmw?mmg§x%w W WWW1§WW #Wm 12. In the circumstance appear before Collector / either in person or throng appellate authority— Caller the matter. 13. With the aforesaid petition is disposed of. s, both the parties are directed to Additional Collector on 07.06.2004 11 thelr counsel on which date the tor / Add1t10nal Collector w1£-hear observations and directions, the Sdl- Fakhruddin Judge