RAMDULAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition is filed assailing the order passed by the Director (Panchayat) setting aside the order of the Additional Collector, as also the order of the Sub-Divisional Officer dated 30.12.2006 & 25.05.2006 respectively. Shorn of unnecessary details, the relevant facts for the adjudication of the present writ petition is as under:-

(2.) The contention of the petitioner challenging the impugned order of the Director (Panchayat) is that the Director, first of all failed to appreciate the fact that the order of appointment issued in favour of the petitioner has not been challenged, rather it was only a case where the resolution of the Gram Sabha was challenged, as such without challenging the order of appointment, the objection, appeal and revision of the respondent No.3 itself was not maintainable. It is the contention of the petitioner that the resolution alone cannot be questioned, when there are specific order of appointment issued and this aspect has not been considered by any of the authorities concerned.

(3.) So far as the merits of the case is concerned, the contention of the petitioner is that from the application, which the respondent No.3 had submitted, at the first instance before the Gram Sabha itself, clearly reflected that he was not the resident of the said place i.e. village Teka, but he had shown his address to be that of 18 Acres Rajnandgaon, which is an entirely different village and location.