SARPANCH, GRAM PANCHAYAT, BHILAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this Writ Appeal is to the order dated 16.10.2019 passed by the learned Single Judge wherein learned Single Judge declined to interfere with the two orders dated 13.08.2019 passed by the Collector, District Bemetara and the Sub-Divisional Officer (Revenue), Bemetara, District Bemetara dated 22.06.2019 and dismissed the Writ Petition.

(2.) Facts of the case, in a nutshell, are that the villagers of Bilai made a complaint to the Collector in 'Jandarshan Program' that the Sarpanch of village Panchayat, Bilai, District Bemetara, contrary to the resolution passed for allotment of 'Abadi Patta' (residential patta) of government land for the purpose of construction of house, has allotted most of the pattas to different persons than mentioned in the earlier resolution passed by village Panchayat. The complaint was marked by the Collector to the SDO(Revenue) for enquiry. After receiving the complaint, the SDO issued notice to the Sarpanch, Bilai and also conducted enquiry. He found that 'Abadi Pattas' have been allotted to 90 other persons apart form the eligible persons identified and mentioned in the resolution of the village Panchayat. Those 90 persons have not been identified by the village Panchayat and selected to be house-less and on that count, invoking jurisdiction under Section 85 of the Panchayat Raj Adhiniyam, 1993 (for brevity, Adhiniyam 1993) Resolution No.9 dated 17.12.2018 identifying 121 beneficiaries was suspended vide order dated 22.06.2019.

(3.) The order dated 22.06.2019 passed by the SDO (Revenue) suspending the resolution dated 17.02.2018 was forwarded to the Collector and the Collector approved/confirmed the order of the SDO vide its order dated 13.08.2019 in terms of Section 85(2) of the Adhiniyam 1993.. This order of the Collector was challenged by the appellant by filing a Writ Petition before this Court.