ORDER
S.R. Nayak, C.J.
1. The petitioners 50 in number were granted small pieces of land each admeasuring ‘8 x 10’ owned by Gram Panchayat, Sahaspur Lohara vide its resolution No. 16, dated 18-8-2004 for business purpose in terms of Section 65 (1) of the Panchayal Raj Adhiniyam, 1993 (for short “the Adhiniyam”) after obtaining approval of the Collector, Kabirdham District (Kawardha) subject to certain terms and conditions. It appears that after the fourth respondent was elected as Sarpanch of Sahaspur Lohara Gram Panchayat, she lodged complaints with the respondent authorities complaining that the lease of the land in favour of the petitioner was irregular and illegal. That has resulted in an inspection of the proceedings of the grants made in favour of the petitioners under the provisions of Section 84 of the Adhiniyam. Accordingly, the Sub-Divisional Officer, Kawardha, third respondent herein, is conducting an enquiry into the allegation and the enquiry and I am told it is in progress. When the matter stood thus, the third respondent by his order has stayed the construction in the spaces allotted to the petitioners till further orders. The petitioners being aggrieved by the above action of the third respondent have filed these writ petitions.
2. Heard learned Counsel for the parties. It was contended by the learned Counsel for the petitioners that the impugned order is one without authority of law, because, the Gram Panchayat Sahaspur Lohara before passing the resolution on 18-8-2004 had secured the approval of the Collector, Kawardha District and therefore, it is beyond the authority of the third respondent to question the correctness of the resolution No. 16, dated 18-8-2004. Learned Govt. Advocate, per contra, would support the impugned action and contend that since the inspection and enquiry contemplated under Section 84 of the Adhiniyam is already initiated, it is very much within the power of the third respondent to pass the impugned direction in the interest of the Gram Panchayat.
3. Section 84 of the Adhiniyam contemplates that the officer of the State Government duly authorized by the State Government can inspect the proceedings of the Gram Panchayat and he can exercise such powers as prescribed under the Inspection of Proceedings Rules, 1995. Section 85 provides that the State Government or the prescribed authority may by an order in writing and for reasons to be stated therein suspend the execution of any resolution passed, order issued, licence or permission granted or prohibit the performance of any act by a Panchayat, if in his opinion, among other circumstances, such resolution, order, licence, permission or act is in excess of the powers conferred by the Adhiniyam or is contrary to any law. Since the enquiry and inspection has been set in motion in terms of Section 84 of the Adhiniyam, it can not be said that the third respondent lacks legal power to prohibit construction in the spaces allotted to the petitioners pending completion of the enquiry or till further orders. Be that as it may, in terms of practicality and in the interest of both the parties, the order made by the third respondent impugned in this writ petition is just and reasonable and that order is intended to maintain the status quo. There is no merit in this writ petition. It is accordingly dismissed. The third respondent is, however, directed to complete the enquiry and pass appropriate final order expeditiously. Writ Petitions dismissed.