SMT. GYAN BAI Vs. GOVIND BANJARE

JUDGEMENT

(1.) Grievance is against the judgment passed by the learned Single Judge whereby the writ petition filed by the private Respondent herein challenging the correctness and sustainability of the order granting interim stay by the Revisional Authority, during the pendency of the writ petition was considered and allowed placing reliance on the verdict passed by this Court in the matter of Chetan Kurre & Others vs. State of Chhattisgarh & Others reported in 2017 (3) C.G.L.J. 48.

(2.) The sum and substance of the factual matrix is that a no confidence motion was successfully moved on 19.01.2019 against the Appellant who was the 'Sarpanch' and the challenge was finalized by the Sub Divisional Officer (Revenue), Janjgir, declining interference; which was subjected to challenge by filing an appeal before the Collector, who affirmed the order passed by the Sub Divisional Officer. This was further sought to be challenged by the Appellant by filing a revision petition before the Commissioner for Land Revenue, in terms of the relevant rules and an interim order of stay was granted on 30.05.2019. It was the correctness of the said 'interim order' that was subjected to challenge in the writ petition filed by the private Respondent herein which came to be considered and allowed by the learned Single Judge, and hence the appeal.

(3.) The learned counsel for the Appellant submits that the dictum relied on in the verdict under challenge stands on a different footing.