Kanhaiya Lal Yadav Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Kanhaiya Lal Yadav Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with a direction to the petitioner to file appropriate order before the concerned authority (the forum offering the efficacious alternative remedy of appeal) in accordance with law; no relief granted on merits — the impugned SDO order was not quashed and no remand ordered.

Issue for consideration

Whether the writ petition challenging the order dated 21.05.2026 passed by the S.D.O. (Revenue), Malkharoda under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam should be entertained notwithstanding the availability to the petitioner of an efficacious alternative remedy of appeal before the concerned authority, which had not been availed. +1 more

Court's answer

Having considered the submissions of learned counsel for the parties and in view of the availability of an efficacious alternative remedy of appeal before the concerned authority (not availed by the petitioner), the Court deemed it appropriate to dispose of the present petition with a direction to the petitioner to file appropriate order before the concerned authority in accordance with law; the merits of the Section 40 proceeding, the Tahsildar's memo and the Patwari Report were not adjudicated.

Ratio / Principle

With the above observation and direction, the petition stands disposed of.

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR — WPC No. 3520 of 2026, decided 08/07/2026 by Amitendra Kishore Prasad, J. (single Judge; NAFR). The petitioner, a resident of Village Limgaon, Tahsil Adbhar, District Sakti, challenged the order dated 21.05.2026 (Annexure P-1) passed by the Sub Divisional Officer (R), Malkharoda, District Sakti, in revenue case No. 202605311900008/section-40/2025-26 under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, praying inter alia for quashing of that order, a declaration that the Tahsildar Malkharoda's memo dated 04.08.2017 (Annexure P-4) was passed by the competent authority and ought to have been considered in the Section 40 proceeding, and remand to the SDO (R) Malkharoda for fresh consideration in light of the Tahsildar's memo/order and the Patwari Report. Counsel for the State submitted that an efficacious alternative remedy of appeal before the concerned authority was available to the petitioner and had not been availed. Counsel for the petitioner then sought liberty to file appropriate order before the concerned authority. Holding that, in view of the availability of the efficacious alternative remedy of appeal, it was appropriate to dispose of the petition with a direction to the petitioner to file appropriate order before the concerned authority in accordance with law, the Court disposed of the petition. The merits of the impugned order, the Tahsildar's memo and the Patwari Report were left untouched; no costs were awarded.

1

Digitally signed by RAVVA UTTEJ KUMAR RAJU

CGHC010253332026

2026:CGHC:28112

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 3520 of 2026

1 - Kanhaiya Lal Yadav S/o Shri Bhokoram Aged About 66 Years By Caste Ravat, R/o Village Limgaon, Tahsil Adbhar, District Sakti Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh.

2 - Collector District Sakti Chhattisgarh.

3 - Sub Divisional Officer (R) Malkharoda, District Sakti Chhattisgarh.

4 - Tahsildar Malkharoda District Sakti Chhattisgarh.

5 - Smt. Yashoda Bai W/o Karam Singh Aged About 45 Years By Caste Gond, R/o Village Limgaon, Tahsil Adbhar, District Sakti Chhattisgarh.

... Respondents

(Cause	title	is taken from CIS Periphery.)
For Petitioner	:	Mr. Jeetram Patel, Advocate.
For State	:	Mr. Soumitra Kesharwani, P.L.

2

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

08/07/2026

The petitioner has filed the instant petition for following reliefs:-

“10.1 That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 21.05.2026 (Annexure P-1), passed by the respondents no. 3 i.e. Sub Divisional Officer (R) Malkharoda, District Sakti, (C.G.) in revenue case No. 202605311900008/ section- 40/2025-26, in the interest of justice.

10.2 That, this Hon’ble Court may kindly be pleased to hold that the memo dated 04.08.2017(Annexure P-4) issued/passed by the Tahsildar Malkharoda, District Janjgir-Champa (now Sakti), is an order passed by the competent authority and ought to have been considered while deciding the proceeding under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, in the interest of justice.

10.3 That, this Hon’ble Court may kindly be pleased to remand the matter to the SDO (R) Malkharoda, Sakti for fresh consideration in accordance with law after considering the Tahsildar’s memo/order and the Patwari Report, in the interest of justice.

10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”

3

Learned counsel for the petitioner submits that the petitioner has challenged the order dated 21.05.2026 (Annexure P-1) passed by the S.D.O. (Revenue), Malkharoda, District Sakti (C.G.), under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam. Hence this petition.

Learned counsel for the State submits that an efficacious alternative remedy of appeal is available to the petitioner before the concerned authority, which has not been availed.

At this stage, learned counsel for the petitioner seeks liberty to file appropriate order before the concerned authority.

Heard learned counsel for the parties and perused the material available on record.

Having considered the submissions made by learned counsel for the parties and in view of the availability of an efficacious alternative remedy of appeal before the concerned authority, this Court deems it appropriate to dispose of the present petition with a direction to the petitioner to file appropriate order before the concerned authority in accordance with law.

With this observation and direction, the petition stands disposed of.

Sd/(Amitendra Kishore Prasad) Judge

U.K. Raju