SUJIT PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners 50 in number were granted small pieces of land each admeasuring '8 x 10' owned by Gram Panchayat, Sahaspur Lohara vide its resolution No. 16, dated 18-8-2004 for business purpose in terms of Section 65 (1) of the Panchayal Raj Adhiniyam, 1993 (for short "the Adhiniyam") after obtaining approval of the Collector, Kabirdham District (Kawardha) subject to certain terms and conditions. It appears that after the fourth respondent was elected as Sarpanch of Sahaspur Lohara Gram Panchayat, she lodged complaints with the respondent authorities complaining that the lease of the land in favour of the petitioner was irregular and illegal. That has resulted in an inspection of the proceedings of the grants made in favour of the petitioners under the provisions of Section 84 of the Adhiniyam. Accordingly, the Sub-Divisional Officer, Kawardha, third respondent herein, is conducting an enquiry into the allegation and the enquiry and I am told it is in progress. When the matter stood thus, the third respondent by his order has stayed the construction in the spaces allotted to the petitioners till further orders. THE petitioners being aggrieved by the above action of the third respondent have filed these writ petitions.

(2.) HEARD learned Counsel for the parties. It was contended by the learned Counsel for the petitioners that the impugned order is one without authority of law, because, the Gram Panchayat Sahaspur Lohara before passing the resolution on 18-8-2004 had secured the approval of the Collector, Kawardha District and therefore, it is beyond the authority of the third respondent to question the correctness of the resolution No. 16, dated 18-8-2004. Learned Govt. Advocate, per contra, would support the impugned action and contend that since the inspection and enquiry contemplated under Section 84 of the Adhiniyam is already initiated, it is very much within the power of the third respondent to pass the impugned direction in the interest of the Gram Panchayat.