^ c^\ IN THB HIGH COURT OF JUDIGATURE OF CHHATTISGARH AT BILASPUR W.P.fS.) N0. °> /2011 PETITIONER ^^- ^y^ ^amdayal Sonwane S/o Shri Sita Ram Sonwane, Aged about 65 years, Retired Assistant Engineer, C/o Dr. Kavita Jhhode, Qpposite Ram Mandir Talab, Soni Compex Main Road, Kondagaon, District Bastar (C.G.) .^' ^ .^-" VERSUS / RESPONDENTS 1. Sfate pf Chhatfisgarh Through :- The Secretaiy, Water Resources ' Department D.K.S. Bhawah, Raipur(C.G.) The Joint Director, Treasury Accoiints and Rension, Bastar Division Jagdalpur (C.G.) The Executive Engineer Water Resources Departnient Division Kondagaon, District Bastar (C.G.) WRIT- PETITIQN UNDER^ ^RTICLE • 226 QF THE CONSTITUTION QF INDIA FQK ISSUANGE OP WRrTIN NATURE 0F MAlNnMlMUS^ -CERTIORAR^ OR ANY OTHERWRITQFLIKENATUREETd Theipetitidner:mG^y3:iUml3l^,^n4.resp^^^ subirut as under :,.:,'',:.;'', \^'.^..:^, : : ^' •T.'i' ' : "'"'.''i,'- ':; Si isiaa al s HIGHCOURT OF CHHATTISGARH AT BILASPUR WRIT PET1TION (Sl N0. 9 OF 2011 Petitioner Versus Resoondents Ramdayal Sonwane State of Chhattisgarh & Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTiON OF INDIA (SB: Hon'ble Mr. Satish K. Agnihotri, J.) Present:- Shri D.R.Patel, Advocate for the petitioner. Shri Sushil Dubey, Government Advocate for the State. ORDERtORALl (Passed on 05th day of January, 201 1) 1. The petitioner being aggrieved by the order of recovery dated 22.2.2007 (Annexure P-2) approaches this Court in W.P.(S) No. 5703/2010. The petitioner was permitted to withdraw the petition to pursue the representatton in the light of several decisions passed by this Court. 2. The petitioner made representation to the Joint Director, Treasury Accounts and Pension annexing a copy of the order dated 7.12.2009 passed by this Court m Banshidhsr Patel v. State of Chhattisgarii & Otheis in W.P.(S) No.6053/2009, wherein the law with regard to recovery of money after retirementwas discussed and settled. The Joint Director, Treasury Accounts and Pension, Jagdalpur, intimated to the petitioner vide communication dated 2.11.2010 that the applicationshould be made to the concerned department for decision in accordance with the direction passed in Banshidhar Patel (supra). 3. The petitioner, instead of approaching the proper authority, has approached this Court, seeking quashment of the earlier order ^ / ^»s.. ashok 4. 2 •2--2-- dated 22.2.2007, which was sought for quashing in W.P.(S) No.5703/2010. The petition was dismissed without granting liberty to the petitioner to flle a fresh petition on the same ground. Thus, this petition is not maintainable on the ground that the petition was withdrawn without seeking liberty to file a fresh petition on the same ground and the retief. Secondly, the petitioner, since has been informed by the Joint Director, Treasury Accounts & Pension, to approach the concerned department, the attempt ofthe petitioner to approach this Court again is misplaced, miseonceived and appears to be misleading. In view ofthe above, the petition is dismissed. Sd/- Satish K. Agnihotri Judge •Bt;