Chattisgarh High Court
Manoj Kumar Sidar vs State Of Chhattisgarh 22 Wps/8444/2019 ... on 16 October, 2019
Bench: P.R. Ramachandra Menon, Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 473 of 2019
(Arising out of order dated 14.08.2019 passed by the learned Single Judge in
WPS No. 6050 of 2019)
1. Manoj Kumar Sidar Sukhsingh Sidar Aged About 39 Years R/o Village
Kayatpali, Post Ankori, Police Station And Tahsil Basna, District
Mahasamund, Chhattisgarh.
2. Kailash Chandra Sidar S/o Premsay Sidar Aged About 40 Years R/o Village
Kayatpali, Post Ankori, Police Station And Tahsil Basna, District
Mahasamund, Chhattisgarh.
3. Dashrath Pareshwar S/o Kunjram Pareshwar Aged About 50 Years R/o
Village Kayatpali, Post Ankori, Police Station And Tahsil Basna, District
Mahasamund, Chhattisgarh.
4. Pyarilal Sidar S/o Ganpat Sidar Aged About 65 Years R/o Village Kayatpali,
Post Ankori, Police Station And Tahsil Basna, District Mahasamund,
Chhattisgarh.
5. Malik Ram Kashyap S/o Nohar Singh Kashyap Aged About 60 Years (Up-
Sarpanch Village Panchayat Kayatpali), R/o Village Kayatpali, Post Ankori,
Police Station And Tahsil Basna, District Mahasamund, Chhattisgarh.
6. Jyoti Barik S/o Balmiko Barik Aged About 52 Years R/o Village Kayatpali,
Post Ankori, Police Station And Tahsil Basna, District Mahasamund,
Chhattisgarh.
7. Tejram Sidar S/o Parsuram Sidar Aged About 40 Years R/o Village
Kayatpali, Post Ankori, Police Station And Tahsil Basna, District
Mahasamund, Chhattisgarh.
8. Gunmani Pareshwar S/o Chamra Pareshwar Aged About 43 Years (Panch
Of Village Panchayat Kayatpali), R/o Village Kayatpali, Post Ankori, Police
Station And Tahsil Basna, District Mahasamund, Chhattisgarh.
---- Appellants
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat
And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur,
District Raipur, Chhattisgarh.
2. Director Panchayat Directorate, Indirawati Bhawan, Atal Nagar, Naya
Raipur, District Raipur, Chhattisgarh.
3. Collector Mahasamund, District Mahasamund, Chhattisgarh.
4. Sub-Divisional Officer (Revenue) Saraipali, Mahasamund, District
Mahasamund, Chhattisgarh.
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5. Chief Executive Officer Zila Panchayat, Mahasamund, District
Mahasamund, Chhattisgarh.
6. Ramakant Dadsena Presently Posted As Secretary Of Gram Panchayat
Salhejhariya, Gram Panchayat Kayatpali, Basna, District Mahasamund,
Chhattisgarh.
---- Respondents
For Petitioner : Shri Punit Ruparel, Advocate For Respondent-State : Shri Sudeep Verma, Deputy Govt. Advocate Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per P.R. Ramachandra Menon, Chief Justice.
16/10/2019
1. The Appellants are the writ petitioners. The prayers in the writ petition are in the following terms :
"10.1. This Hon'ble Court may kindly be pleased to quash the transfer of the respondent no. 6 to the Gram Panchyat Salhejhariya, Janpad Panchayat, Basna to Gram Panchayat Kayatpali, Basna, District Mahasamund (C.G.) by the impugned order dated 12.07.2019 (Annexure P-1) 10.2. This Hon'ble Court may kindly be pleased to direct the respondent authorities to appoint any other person as Secretary (who is competent) to the village Panchayat, Kayatpali, Basna, District Mahasamund (C.G.) 10.3. This Hon'ble Court may kindly be pleased to direct the respondent authorities to decide the pending representations / objections of the petitioners (Annexure P/2) 10.4. This Hon'ble Court may kindly be pleased to grant any other relief(s) / writ(s) / order(s) in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners."
2. On going by the pleadings and proceedings, it is seen that the Appellants/writ petitioners are villagers of the village Kayatpali, who are stated as aggrieved of the deeds and misdeeds of the 6 th Respondent herein, who came to be transferred from the village Kayatpali to some other 3 place as per Annexure P/1 order dated 12.07.2019. The learned Single Judge observed that there was no locus for the Petitioners/villagers to have approached the Court challenging the transfer of the 6th Respondent, so far as they were not affected adversely, in any manner. It was accordingly, that the interference was declined and the writ petition was dismissed, which made the Appellants to approach this Court. Despite the elaborate hearing, the Appellants were not in a position to point out any provision of law or binding precedents so as to provide them 'locus' to challenge the order passed by the learned Single Judge. Further, no public interest litigation will lie, in a service matter, by virtue of settled position of law and binding precedents.
3. The appeal fails. It is dismissed accordingly.
Sd/- Sd/-
(P.R. Ramachandra Menon) (Parth Prateem Sahu)
Chief Justice Judge
Hem