LAWS(MPH)-2011-9-40

SURESH Vs. CHIEF EXECUTIVE OFFICER

Decided On September 07, 2011
SURESH Appellant
V/S
CHIEF EXECUTIVE OFFICER, ZILA PANCHAYAT, BARWANI Respondents

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS intra Court appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been directed against the order dated 10-8-2011 passed by Single Bench of this Court in W.P. No. 10387 of 2010 (S).

(3.) FEELING aggrieved by the dismissal of the appeal by the SDO and Revision by the Additional Commissioner, the 4th respondent filed the aforesaid Writ Petition No. 10387/2010 (S). The said writ petition has been allowed by the learned Single Judge vide impugned order dated 10-8-2011, placing reliance on the order passed in the case of Prajapal Singh Vs. State of M.P. and others, reported in 2008(5) M.P.H.T. 421 - 2009 (1) MPLJ 640, and also on the order dated 14-10-2010 passed in the case of Yatindra Gupta Vs. State of M.P. and others, in W.P. No. 12498 of 2010 (S). The learned Single Judge set aside the resolution, the order of appointment of the appellant, the order of the SDO and the Additional Commissioner and remanded the matter back to the Gram Panchayat to pass a fresh resolution on the basis of merit. Aggrieved, the appellant has filed this intra Court appeal.