-fii c ^ - ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(Cl N0. ^®^6 /2009 PETITIONER <" >.l^\:^ ,.....-'^il^:::"' »•••""...,c^>k:'^f^<"fr" ^•••^..^^^LP ^•'^'^'".^^" ...••"" F""^ iiiii^runiiHin.ifc, "^' ^ RESPONDBNTS .^-"1 Murlidhar Patel S/o Goverdhan patel, Aged about 45 years, Sarpanch, Gram Panchayat Sanda, Tehsil - Sarangarh, District - Raigarh (C.G.) VERSUS Director, Panchayat, State of Chhattisgarh, Raipur (C.G.) ^ 2. Sub Divisional Officer / Prescribed Authority (Panchayat), Sarangarh, District - Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS. PROHIBITION. CERTIORARI ETC. QR ANY OTHER DIRECTION OR ORDBR TO DO JUSTICE IN THE MATTER .2^; HIGH COURT OF CHHATTISQARH AT BH.ASPUR WMT PETmQNrQNo; 2030 of2009 ? PETmONER RE8PONDENTS Muriidhar Patel ^ VERSUS Director, Panchayat & Another (. WRTT PETmON UNDER ARTICLE 226/227 OF THE CONSTrTUTION OF INDIA SB: Hon»bleShri Satish K. Affiuhotri, J. Present: Shri Sunil Otwani, Advocate for the petitioner, Shri Shashank Thakur, Panel Lawyer for Ae State. ORDER(ORAD (Passed on 10th day of August, 2010) 1. Heard leamed counsel for the parties. 2. Leamed counsel appearing for the petitioner submits fhat by impugned commumeation dated 02/03/2009 (Annexure P/l), the Deputy Director, Panchayat & Social Wetfare., District Raigarh has been requested by the competent authority (Panchayat) Sarangarh. to take action against the petitioner under the provisions ©fSection 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhimyam, 1993). Leamed counsel farther siibmits that no opportunity of hearing was afforded to the petitioner before taking the step to remove the petitioner from the post of Sarpanch imder the provisions ofSection 40 ofthe Adhiniyam., 1993. 3. Admittedly, no final order has been passed till date. Thus, it is not necessary to go into the details, at this stage. However, without affording an opportunity ofhearing to the petitioner to put forward his case, no order shall be passed imdertheprovisions ofSection 40 oftfae Adhiniyatn, 1993. 4. At this stage, Shri Thakur, leaiiied counsd appearmg fbr tih^ State, j subimts that the petition has become infmctuom, as the ftesh election of Gram Panchayat-Sanda., Tahsil-Sarangarh, Distawt- Raigarh had akeady taken place in the monfh ofJ^rmairy, 2010. Thiis, tiothing remains in this petition for a<3yudicatioa, as the saxw has become academic. 5. Accordingly, thc writ petition is disposed of Isfo order asto coirts. | Gowri Sd/- Satish K. Agnihotri Judge