Smt. Pratima Sahu Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2025)

Smt. Pratima Sahu Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to avail the alternative remedy under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 within 15 days from receipt of a copy of the order; interim order dated 2-2-2022 to remain operative till the appellate authority decides the interim application, if the appeal and the interim application are filed within the stipulated period.

Issue for consideration

Maintainability of the writ petition under Article 226 of the Constitution of India against the notice issued by the Gram Panchayat, in view of the alternative remedy available under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. +1 more

Court's answer

An alternative remedy is available to the petitioner under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 against the Gram Panchayat's notice, and on that consideration the writ petition is disposed of without deciding the challenge on merits.

Ratio / Principle

Liberty is reserved to the petitioner to avail the remedy as may be available to her under the Adhiniyam, 1993 within 15 days from the date of receipt of a copy of the order.

Key takeaways

If the petitioner files an appeal along with an application for grant of interim relief within the stipulated period, the interim order dated 2-2-2022 passed by this Court shall remain operative till the appellate authority decides the said interim application.ratio¶25

Detailed headnote1 paragraphs

Writ Petition (WPC No. 617 of 2022) under Article 226 of the Constitution of India questioning notice dated 8-12-2021 issued by Gram Panchayat Datrenga, Block Dharsiwa, District Raipur - Held: an alternative remedy is available to the petitioner under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993; writ petition disposed of reserving liberty to avail the available remedy within 15 days from receipt of a copy of the order; if the petitioner files an appeal along with an application for grant of interim relief within the stipulated period, the interim order dated 2-2-2022 passed by this Court shall remain operative till the appellate authority decides the interim application. - Bibhu Datta Guru, J.; decided 3/3/2025.

1

2025:CGHC:10408

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 617 of 2022

Smt. Pratima Sahu W/o Shri Kishore Kumar Aged About 55 Years R/o Village Datrenga, Tahsil And District Raipur Chhattisgarh.

... Petitioner

versus

State Of Chhattisgarh Through its Collector Raipur, District Raipur Chhattisgarh.

Sub Divisional Officer Dharsiwa, District Raipur, Chhattisgarh.

Tahsildar Raipur, District Raipur Chhattisgarh.

Gram Panchayat Datrenga Block Dharsiwa, District Raipur Chhattisgarh Through Secretary, Gram Panchayat Datrenga, Block Dharsiwa, District Raipur Chhattisgarh.

Manish Kumar Sahu S/o Shri Kishan Lal Sahu R/o Village Datrenga, Murra Road, Tahsil And District Raipur Chhattisgarh.

... Respondents

Cause title is taken from the Case Information System

For Petitioner	: Shri C.R. Sahu, Advocate
For Respondent/State	: Shri Shreyansh Mehta, Panel Lawyer
For Respondent No.4	: Shri Ramesh Nayak, Advocate

Order on Board

By

Bibhu Datta Guru, J.

3/3/2025

By the present petition, the petitioner is questioning the notice dated 8-122021 issued by the Gram Panchayat Datrenga, Block Dharsiwa, District Raipur.

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At the very outset, learned counsel appearing for the respondent No.4 would submit that the petition under Article 226 of the Constitution of India is not maintainable against the notice issued by the Gram Panchayat whereas the petitioner can avail the remedy under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993¹ .

I have heard learned counsel appearing for the parties and perused the documents.

Having considered the entire facts situation of the case and particularly considering the fact that there is an alternative remedy under Section 91 of the Adhiniyam, 1993, the present petition is disposed of reserving liberty in favour of the petitioner to avail the remedy as may be available to her within a period of 15 days from the date of receipt of a copy of this order. If the petitioner files an appeal along with an application for grant of interim relief, if any, within the stipulated period, till decision of the said interim application by the appellate authority, the interim order dated 2-2-2022 passed by this Court shall remain operative.

With the aforesaid observation, the writ petition is disposed of.

(Bibhu Datta Guru) Judge

Gowri

K GOWRI Digitally signed by K GOWRI SANKARA SANKARA RAO RAO Date: 2025.03.0410:33:13 +0530

1 for the short ‘the Adhiniyam, 1993’