Smt. Yogeshwari Bai Dhruw Vs State of Chhattisgarh

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1

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2025:CGHC:45616

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2597 of 2025

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1 - Smt. Yogeshwari Bai Dhruw W/o Krishna Kumar Dhruw Aged About 32 Years Sarpanch (Terminated) Gram Panchayat Champa, R/o Village Champa, Tahsil Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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2 - Rajendra Kumar Bhatt S/o Late Ram Singh Bhatt Aged About 59 Years Secretary, Gram Panchayat Champa Residence Of Village Magarchaba, Tahsil Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Panchayat And Rural Development Department, Mahanadi Bhawan Mantralaya, Atal Nagar Naya Raipur District Raipur Chhattisgarh.

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2 - The Commissioner Raipur Division District Raipur Chhattisgarh.

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3 - The Collector Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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4 - The Sub Divisional Officer (Revenue) And Prescribed Authority Panchayat Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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2

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5 - Chief Execurtive Office Jila Panchayat Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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6 - Chief Executive Officer Janpad Panchayat Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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7 - The Secretary Gram Panchayat Champa, Janpad Panchayat Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.

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... Respondent(s) For Petitioner(s) : Shri Sandeep K. Sharma, Advocate For Respondent/State : Ms. Upasna Mehta, Dy.GA

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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08/09/2025

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Contention of the counsel for the petitioner is that the orders impugned are arbitrary, violative of principles of natural justice and passed in breach of fair procedure However, he submits that he has not objection if he may be granted liberty to file a detailed representation/appeal before the State Government for redressal of his grievance.

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At the outset, learned State counsel has raised a preliminary objection as to the maintainability of the present writ petition on the ground that an efficacious alternative remedy is available to the petitioner by way of filing an appeal/representation before the State Government against the order of the Commissioner, Raipur Division, Raipur CG.

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It is submitted on behalf of the State that since the impugned

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3

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order dated 03.02.2025 has been passed by the Commissioner in exercise of his revisional jurisdiction, the petitioner has a statutory administrative remedy available before the State Government under Rule 3 of the CG Panchayats Raj Adhiniyam (Appeal & Revision) Rules, 1995 which ought to be availed instead of directly invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

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In view of the above submissions made by the counsel for the parties and considering the preliminary objection raised by the State counsel, this Court is of the view that the petitioner has an efficacious alternative remedy by way of filing an appeal/representation before the State Government against the impugned order dated 03.02.2025 passed by the Commissioner, Raipur Division. Accordingly, without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to approach the competent authority/State government by way of filing a representation/appeal under Rule 3 of the CG Panchayats Raj Adhiniyam (Appeal & Revision) Rules, 1995 against the impugned order dated 03.02.2025 within a period of 15 days. On such representation being filed, the competent authority shall decide the same strictly in accordance with law.It is further directed that for a period of 15 days, no coercive steps shall be taken against the petitioner and thereafter the authority concerned shall proceed in accordance with law.

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With the aforesaid observation the petition stands disposed of.

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Sd/(Arvind Kumar Verma) Judge

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Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date: 2025.09.10 13:27:28 +0530

Smt. Yogeshwari Bai Dhruw v. State of Chhattisgarh

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Smt. Yogeshwari Bai Dhruw v. State of Chhattisgarh

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