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Madhya Pradesh High Court

Smt. Siyabai Dhurvey vs The State Of Madhya Pradesh on 3 September, 2022

Author: Maninder S Bhatti

Bench: Maninder S Bhatti

                                                    1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                           ON THE 3rd OF SEPTEMBER, 2022

                                       WRIT PETITION No. 12289 of 2022

                               Between:-
                          1.   SMT.   SIYABAI   DHURVEY    W/O   SHRI
                               PREMANAND DHURVEY, AGED ABOUT 36
                               YEARS, OCCUPATION: SARPANCH (PRADHAN)
                               GRAM PANCHAYAT BACHHARGAON, TAHSIL
                               BAJAG,   DISTRICT   DINDORI    (MADHYA
                               PRADESH)

                          2.   DURGESH KUMAR SHYAM S/O SHRI SAMHAR
                               SINGH SAYYAM, AGED ABOUT 37 YEARS,
                               OCCUPATION: EX SECRETARY OF GRAM
                               PANCHAYAT BACHHARGAON TAHSIL BAJAG
                               DISTRICT DINDORI M.P. (MADHYA PRADESH)

                          3.   POORAN SINGH MARKO S/O SHRI LAKHAN
                               SINGH MARKO, AGED ABOUT 51 YEARS,
                               OCCUPATION: EX SECRETARY OF GRAM
                               PANCHAYAT BACHHARGAON TAHSIL BAJAG
                               DISTRICT DINDORI M.P. (MADHYA PRADESH)

                          4.   MANSUD DAS TANDIYA S/O SHRI MAYA DAS
                               TANDIYA,   AGED    ABOUT    47   YEARS,
                               OCCUPATION: EX ROJGAR SAHAYAK OF GRAM
                               PANCHAYAT BACHHARGAON TAHSIL BAJAG
                               DISTRICT DINDORI M.P. (MADHYA PRADESH)

                                                                           .....PETITIONER
                               (BY SHRI GHANSHYAM SHARMA-ADVOCATE)

                               AND

                          1.   THE STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY PANCHAYAT AND
                               SOCIAL WELFARE DEPARTMENT VALLABH
                               BHAWAN BHOPAL (MADHYA PRADESH)

                          2.   COLLECTOR DINDORI DISTRICT DINDORI M.P.
                               (MADHYA PRADESH)

                          3.   THE   CHIEF   EXECUTIVE    OFFICER ZILA
                               PANCHAYAT DINDORI DISTRICT DINDORI M.P.
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 9/7/2022
5:15:36 PM
                                                              2
                                  (MADHYA PRADESH)

                          4.      CHIEF   EXECUTIVE   OFFICER   JANPAD
                                  PANCHAYAT BAJAG DISTRICT DINDORI M.P.
                                  (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                                  (BY SHRI SWANTANTRA PANDEY-PANEL LAWYER)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

The petitioner has challenged the order dated 24.05.2022 passed by Chief Executive Officer Zila Panchayat, Dindori District Dindori cum Prescribed Authority in purported exercise of its power conferred under Section 92 of the M.P. Panchayat Evam Gram Swaraj Adhiniyam, 1993.

T he counsel contends that the order impugned is an offshoot of the earlier order passed under Section 89 of the M.P. Panchayat Evam Gram Swaraj Adhiniyam, 1993. Learned counsel for the petitioner does not dispute that the order impugned dated 24.05.2022 contained in Annexure P-7 is appealable before the commissioner.

Thus, in view of the availability of alternate efficacious remedy, this Court at this stage, not inclined to entertain the petition. However, the liberty is extended to the petitioner to prefer an appeal against the order dated 24.05.2022 before the Appellate Authority.

Without expressing any opinion on the merits of the case, if the petitioner prefers an appeal within a period of 15 days from today before the Appellate Authority, the Appellate Authority in-turn shall consider and decide the same within a further period of 60 days from the date of receipt of the certified copy of this order by passing a well reasoned and speaking order.

With the aforesaid, the petition stands disposed off.

(MANINDER S BHATTI) JUDGE R Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/7/2022 5:15:36 PM