POORNIMA PUSHPAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned counsel for the Appellants and the learned Government Advocate for the State.

(2.) Writ application of the Petitioners, who are Appellants before the Court, stood dismissed vide order dated 07.04.2017 passed by the learned Single Judge. In the writ application, prayer was made for quashing the notifications dated 13.04.2016 and 09.05.2016, Annexures P/2 and P/3 respectively, issued by the Collector, Kondagaon constituting revenue villages in exercise of power under Section 73 of the Chhattisgarh Land Revenue Code, 1959.

(3.) The Appellants claim themselves to be residents of village Vishrampuri. The said village encompasses geographical area of village Tola or Mohalla known as Jangalpara, Kumharpara, Bandhpara and Shivmandir Para. These areas were earlier included in the geographical limits of Gram Panchayat Vishrampuri which got reconstituted as an urban body in the name of Nagar Panchayat, Vishrampuri. The State authorities, however, for various reasons decided to dissolve the Nagar Panchayat and the area falling within the Nagar Panchayat, Vishrampuri was divided in 7 independent Gram Panchayats; namely (i) Vishrampuri A, (ii) Vishrampuri B, (iii) Khargaon, (iv) Jirrapara, (v) Farsadih, (vi) Birapara and (vii) Rogadihi. These Appellants had objections against their inclusion by virtue of the reorganisation and creation of the revenue village. They did file their objection before the Collector after the issuance of the notification but it seems that a meeting of the Gram Panchayat was called and by virtue of a common consensus so reached in favour of the reconstitution and restructuring, the follow up notification was issued. Since these Appellants were not satisfied, may be with the view of the majority, they chose to file a writ application before the High Court which was registered, heard and disposed off with a direction upon the Collector, Kondagaon to pass a speaking order. The speaking order dated 04.07.2016 was marked as Annexure P/6 to the writ application.