Laxmi Narayan Patel vs State Of Chhattisgarh
2022 Latest Caselaw 5485 Chatt

                                    1

                                                                       NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR
                           WA No. 465 of 2022
Laxmi Narayan Patel S/o Shri Dukhu Ram Patel Aged About 42 Years
R/o Village And Post - Kumhari, Tahsil - Kasdol, District - Baloda Bazar
Bhatapara (C.G.)
                                                                ---- Appellant
                                 Versus
1.   State of Chhattisgarh Through Collector, Baloda Bazar Bhatapara,
     District - Baloda Bazar - Bhatapara (C.G.)
2.   Chief Executive Officer Zila Panchayat , Baloda Bazar - Bhatapara,
     District -Baloda Bazar - Bhatapara (C.G.)
3.   Sub Divisional Officer (Revenue) Kasdol District - Baloda Bazar
     Bhatapara (C.G.)
4.   Chief Executive Officer Janpad Panchayat Kasdol, District - Baloda
     Bazar - Bhatapara (C.G.)
5.   Smt. Savitri Pradhan The Then Sarpanch, Gram Panchayat
     Kumhari, Janpad Panchayat Kasdol, District - Baloda Bazar -
     Bhatapara (C.G.)
                                                        ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Ramesh Nayak, Advocate. For Respondents No. 1 & 3 : Mr. Gagan Tiwari, Deputy Government Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Deepak Kumar Tiwari, Judge Judgment on Board Per Arup Kumar Goswami, Chief Justice

29.08.2022

Heard Mr. Ramesh Nayak, learned counsel for the appellant. Also

heard Mr. Gagan Tiwari, learned Deputy Government Advocate,

appearing for respondents No. 1 and 3.

2. This writ appeal is presented against an order dated 01.08.2022

passed by the learned Single Judge in WPC No. 3327 of 2022, whereby,

the writ petition filed by the appellant was dismissed holding as follows:

"1. The instant writ petition has been filed seeking for the

following reliefs

"10.2. That, the Hon'ble Court may kindly direct the

respondent No.3 to expeditiously adjudicate the

revenue case.

10.3. That, any other relief which this Hon'ble Court

may deem fit and just in the facts and circumstances

of the case."

2. Plain perusal of the pleadings of the writ petition this

court prima facie is of the opinion that the petitioner does

not have a locus to file the instant writ petition for the

reason that the petitioner has not been able to show as to

which of his right much less the fundamental right has got

infringed or has been deprived or denied. The petitioner

seems to get involved himself in a proceedings that has

already initiated by the respondent No.3 against the

respondent No.5.

3. Given the said facts, this courts is of the opinion that

since the petitioner does not have a locus to file the

present writ petition, the writ petition on that ground stands

rejected leaving open the right of the petitioner to avail

such other remedies available to him on the administrative

side."

3. The respondent No. 3 had registered Revenue Case No.

202109211300031/A-89/2020-21 for recovery of Rs.1,87,500/- and

notices were issued to the respondent No. 5.

4. The appellant has prayed for expeditious disposal of the aforesaid

case on the ground that because of the illegality done by the respondent

No. 5, further allocation of public funds are not made available to the

Gram Panchayat of Kumhari.

5. The appellant has not questioned the legality of withholding

allocation of public fund on alleged misconduct done by an individual.

6. The respondent No. 5 was the Sarpanch of Gram Panchayat

Kumhari from 2015-2020. In the revenue case, for which expeditious

disposal was sought for by the appellant, the appellant was not a party.

7. In view of the above, we find no good ground to take a view other

than the view taken by the learned Single Judge and, accordingly, the writ

appeal is dismissed.

                     Sd/-                                     Sd/-
           (Arup Kumar Goswami)                        (Deepak Kumar Tiwari)
                Chief Justice                                Judge



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