c,'o.! S1NGLE BENCH IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition N0. (/J^J /2005 SERVICE MATTER PfcriTIONER / Lalit Kumar Jangade Aged about 34 years ^" \^^ \^ ^^~ ..^ ^ ^y / Panchayat Karmi (Secretary) •^^•" ^ ^i \^' ^:M^" ^-' ^-^y' ^~". RESPONDENTS ^v"s^\ S/o. Anjor Das, R/o. Gram Panchayat Bhaisbod, Tahsil Bilha, District Bilaspur (C.G.) VERSUS State of Chhattisgarh Through : The Secretary Panchayat Department D.K.S.Bhawan, Raipur (C.G.) Gram Panchayat Bhaisbod Through : Sarpanch Gram Panchayat Bhaisbod Tahsil Bilha, Dist, Bilaspur (C.G.) Sub-Divisional Officer (R) Bilaspur, Dist. Bilaspur (C.G.) Additional Collector Bilaspur, Dist. Bilaspur (C.G.) Dr. Prasad Additional Collector Bilaspur, Dist. Bilaspur (C.G.) WRIT PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA ©^VSV^' <ii*ic»i^m^ \3-oq <-«iqic><4,y-^<(^l<i, RrtK-l^ .M;.P.;..^.S.73. 3TT^^T^TR^icb wnsn^STfpwp 3TI^$T^(<fi (4cli^<sl«8;) ^200^ ^RTrST^^rfS?f3H^^T Sraijn 6.10.2005 W.P.No.4373/2005 Shri B. L. Dembra, coun^ Shri P.S.Koshy, De| Stete/respondents No. 1 to 4 Heard. The petitioner namelyj 'Secretary ofGram Panchyat, He removed b.y the Against the aforesaid order, petitioner preferred an appea register'ed as| 15/2004-05. The aforesaid order dated 4.8.2005(Annex( by the S.D,0^ the 6r| the Coilector yid© ,was taken up for ^ Aa'ditional Collector, on the ^ admission of appeai and he al^ Learned counse! for thl of this order of stay/ th© <pi<iro<nTi +ii*ioV^'f^^i ^fui^-ci^ ^3lf^T3H^$T |el for the petitioner. )uty Advocate ^eneral 'for the ^n advance copy\ ^Lalit Kumar Jangade was working as |haisbod, Tehsil Bilha, District-Bilaspur. Ponchayat yide order, Annexure P-4.- ^assed in the month of April 2005, the before the Sub Divisiona! Qfficer, The |Revenue Appeal (Panchayat) No.5/89(A) )peal allowed by the S,D,0, vide h is ire P-5). Against the aforesaid order xm Panchayat preferred another appeal cjppeal No. 49/A-89(15)2004-05. This 9.aring on 31.8.2005 and the iearned |aid date passed the impugned order of an interim order of stay\ petitioner submits that due to passing p^titioner could not join on the post of ct) 4DI SP/FS/2005-20,000 ^cSET ^qiqirt<4, u^-al<<-t«|<?,RlriW^ *11*1^1 ^TT^ 3IT^9T tRci? (^tgeR?) ^200 W^tT^R^icb ^CT3n^$Trf)^i<b ?;^TTW;CTf^T311^^T 7-- Secretary and the appeal is pen Collector, He aiso submits that ing for hearing before the Additional fh©Collector is having no authorit/ to entertain an appeal against th®a^pellate order passed by the S.D.O. t-hat the was fixed for hearing The order on 8.9.2005. Learned counsel for the the appeai not heard and i betitioner submits that on 8.9.2005, has adjourned for some other date, Since the point of jurisdyction has raised by the iearned counsel for the petitioner, in a to interfere on the said polnt authority^Qnd iajfe is needJess to| authorit^ is obliged to decide th| In the facts and circurp4 that the hearing of the appeal on©month from the date of pro shal! decide the point of jur( cpi<iI^<Ttri <ii«ioT^rf^l<SI^Ri^i^ ^art^Tan^ST pending statutory fiied under the Rules framed in Panchayat ^aj Adhiniyam, 1993,1 am not inciined n my writ jurisdiction, The point of jurisdiction of the particubr au^hority can be raised before the said say that if the same is raised, the ^. point. |tances of the case, I hereby direct tself be expedited within a period of Juction of certified copy of this order before the Additional Colle4tor and the Additional Collector, aiongwith other points rdsed t|y the appellant and the respondents sdiction to hear the appeaf by him. SP/FS/2005-20,000 \jw< <-qi<410>«,tP-al<<-l<l<»,RlrtN^ *ii*i<fti m<n^ 3H^$T q^q? (<^[^<£;) ^Ft200 OT^^T^TRriicb ?CT3TT^$Trf)^i4) ^' With the aforesaid obs disposed of. Consequentiy, M.W.P.No.; stand disposed of. Certified copy as per ruk ^' \v /SP/FS/2005-20,000 ^ <pi<ilo<i1vi ^MoT^'fe^^Ri^i^ ^3T^H3ff^$T ^ryations this petition stands finally 558/2005 and I.A.No.7917/2005 also s. Sd/- Sunil KumarSinha Judge