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Madhya Pradesh High Court

Smt. Upma Yadav vs The State Of Madhya Pradesh on 6 March, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                             ON THE 6 th OF MARCH, 2024
                                           WRIT PETITION No. 2919 of 2024

                           BETWEEN:-
                           SMT. UPMA YADAV W/O SHRI ASHOK KUMAR YADAV,
                           AGED ABOUT 24 YEARS, OCCUPATION: GUEST
                           TEACHER, R/O VILLAGE MEDRA, TEHSIL KUSMI,
                           DISTRICT SIDHI (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI ARVIND KUMAR TIWARI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY, PANCHAYAT AND
                                 RURAL WELFARE DEPARTMENT, MANTRALAYA,
                                 VALLABH    BHAWAN,    BHOPAL   (MADHYA
                                 PRADESH)

                           2.    COLLECTOR, SIDHI, DISTRICT SIDHI (MADHYA
                                 PRADESH)

                           3.    CHIEF EXECUTIVE OFFICER, ZILA PANCHAYAT,
                                 SIDHI, DISTRICT SIDHI (MADHYA PRADESH)

                           4.    CHIEF    EXECUTIVE    OFFICER,     JANPAD
                                 PANCHAYAT, KUSMI, DISTRICT SIDHI (MADHYA
                                 PRADESH)

                           5.    GRAM     PANCHAYAT, MEDRA THROUGH ITS
                                 S EC R ETA R Y, JANPAD PANCHAYAT KUSMI,
                                 DISTRICT SIDHI (MADHYA PRADESH)

                           6.    KRISHNA KUMAR SINGH D/O SHRI MAHESH
                                 PRATAP    SINGH, R/O VILLAGE AND GRAM
                                 PANCHAYAT, MEDRA, JANPAD PANCHAYAT,
                                 KUSMI, DISTRICT SIDHI (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI NAVEEN DUBEY - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 3/7/2024
6:16:04 PM
                                                               2
                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Learned counsel for the State has submitted that the appointment has been made by the Gram Panchayat on the post of PESA Mobilizer, but under the scheme in which Mobilizers are appointed, there is a provision which provides that if any complaint is to be made or any objection with regard to appointment on the post of PESA Mobilizer is to be raised, then appeal would be preferred.

2. According to learned counsel for the petitioner, the appointment has been made in favour of respondent No.6 by the Gram Panchayat.

3. In view of the above, when alternative remedy of appeal is available to the petitioner, then petition directly filed before this Court cannot be entertained, therefore, the petitioner is directed to avail alternative remedy of appeal to be filed before the Chief Executive Officer, Janpad Panchayat. If the same is done, the appellate authority shall decide the appeal in accordance with law within a reasonable period of time.

4. With the aforesaid liberty, the petition is dismissed.

(SANJAY DWIVEDI) JUDGE PKP Signature Not Verified Signed by: PRACHI PANDEY Signing time: 3/7/2024 6:16:04 PM