DEVGUN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Writ Petition under Article 226/227 of the Constitution of India ORDER ORAL Passed on this 7th day of September 2010 W.P. Nos. 1802 & 3288 of 2003 involve the same question of law & facts and, as such, they are being considered and decided by this common order.

(2.) By these petitions, the petitioners, who are Sarpanch, Upsarpanch and Panchayat Karmi, respectively of Gram Panchayat- Kachanda, seek to challenge the legality and validity of the order dated 22/04/2003 (Annexure P/1) passed by the Additional Collector, Janjgir-Champa in Appeal No.2 A-89 (15) 2002-2003 (State of Chhattisgarh Vs. Devgun Yadav & Others) whereby and whereunder the Additional Collector directed to recover the amount from the petitioners on the ground that they had committed certain illegalities and irregularities in various construction activities.

(3.) The facts, in brief, for disposal of these petitions, are that on account of certain complaints against the petitioners with regard to misappropriation of public exchequer, the Gram Sabha of Gram Panchayat - Kachanda resolved to recover the amount from the petitioners. On the basis of said resolution, enquiry was conducted and thereafter, notice was issued by the Collector on 20/08/2002. In response to the said notice, the petitioners submitted their response denying the allegations leveled against them. After receipt of the reply, the Collector passed the impugned order of recovery. Thus, these petitions.