^) :C—78 sJ^cT ^)T4^q, ?$Tf1-H^|(S, fsf^l'My _-.......^.:.P.:.<;.^....46..0.y 'W^(T ^?N? ••••----••-••^•••-••••"''••-y-^-Q--^200 31T^?T ^W ( "i^^^ ) 'STT^T ^i f^rNr 'C[SH <3TT^T ?h*4i<^ ^^TTWHf^T ^T^T PETJTJPNER: (AppeSIant) RESPONDENTS: - Versl 1. 2. 3. '^F{feFN 'HFT^f ^^f^t <fa<^l< '^'^H'snt^r Derha Ram Sahu, (Sarpanch), S/o Late Shri Nathu Ram Sahu, Aged about 44 years, R/o Viiiage - Puraina Khapri, Block Office - Ba!oda Bse.ar, Tehsi! -Baloda Bazar, Distt. Raipur (C.G.) (Writ Petition under Arti€|l Sinale Bench: Hontole LlS- State of Chhattjsgarh, Through ~ The Swretary Department of Panchayat & Social Welfare, D.K.S. Bhav\^in, Raipur, Distt : Raipur The Director Panchayat & Social Welfare Department. Chhattisgarh, D.K.S. Bhawan, Raipur(C.G.) The District Collector, Raipur, Distt. Raipur-(C.G.) Om Shanker Sahu, S/o Umend Ram Sahu, Aged about 25 years, R/o Viiiage Puraina Khapri, Tehsil - Baloda Bazar, Distt. Raipur (C.G.) Sunder Lal, S/o Aaju Ram Sahu, Aged about 48 years, R/o ViUage Puraina Khapri, Tehsil ~ Baloda Bazar, Distt. Raipur -(C.G.) le 227 of the Constitution of India) Mlr. JusticeL.C. Bhadoo 23.1.2008 :- Heard Shri S.K. Dadsenal Dubey, Govt. Advocate for the Staj counsel for the petitioner & Shri Sushil :e. 3^'^nm^T, ^TTs^^i^^ f^ray T|P?W "^RT^i' ^.-£c........^s/.5.S......•^ .5TI^T^T'fe^ "?i^T 3T[^T ^?IW ^y ^si?r-x^^ (ij^^^T; i^I^:-^t^ W^T •wifera^wRff ^fe^tN^ ^^fOT^^i -2- learrted undler removted The petitioner has preferj:e Constitution of India questionin^ dated 27.11.2007 passed by C^ir N0.58/A-89/06-07, whereby order dated 15.10.2007 passejd Collectorexercising power Panchayat Raj Adhiniyam holding him disqualified on the land. Learned counse! for the Court towards the panchnama rfr Bazar argued that as per reveni|€ Government land, but Nathurail Government land which is in hisl report of Revenue Inspector th( herein. In view ofthe above circur passed legally sustainable orde^ record available. Smce appeal is not granted stay, Director, Panc| itself at the eariiest but not later copyofthisorder. Jn view of the above, 1 ar interfere with the order dated disposed of. erteTthlis writ petition under Artiete 227 of the the legality and correctness of the order ector, Panchayat, Chhattisgarh, in appeal Director has not granted stay against the by Collector, Raipur, under whjch the Section 36(1)(c)(c) of the Chhattisgarh the petitioner from the pc^t of Sarpanch round that he is trespass the Government j)etitioner while drawing the attention of the repared by the Revenue Inspector, Baloda record, petitioner has not trespassed the has constructed threshing field on the Jpossession since his ancestors. As per the are is no encroachment by the petitioner tstances, Director, Panohayat ought to have according to the legal position and the ^ending before Director, Panchayat, he has ?|iayat is dir^ted to dispose of the appeal 1|han 2 months from the date of receipt of a of the opinion that it is not neoessary to |;7.11.2007, therefore, the petition stands Sd/- L.C. Bhadoo Judge