Moti Ram Nishad Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development , Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Collector Korba, District : Korba, Chhattisgarh 3 - Sub Divisional Officer (R) Revenue Revenue Sub Division, Korba, District : Korba, Chhattisgarh

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4 - Chief Executive Officer Janpad Panchayat, Korba, District : Korba, Chhattisgarh

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--- Respondent(s)

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WPC No. 4921 of 2022

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Moti Ram Nishad S/o Late Shri Tijram Nishad Aged About 47 Years R/o Village - Taulipali, P.S. - Kartala, Tahsil - Kartala, District : Korba, Chhattisgarh

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--- Petitioner(s)

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Versus

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2

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1 - State Of Chhattisgarh Through Sectetary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh

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2 - The Collector Korba, Chhattisgarh

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3 - Sub Divisional Office (R) Revenue Sub Division, Korba, District : Korba, Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat , Korba, District : Korba, Chhattisgarh

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--- Respondent(s)

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For Petitioner(s) : Mr. Saksham Soni, Advocate on behalf of Mr. Rajnish Singh Baghel, Advocate For Respondent (s) : Mr. Abhyuday Tripathi, P.L.

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HON’BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD

ORDER ON BOARD

24/07/2026

1. Heard.

2. The factual matrix in the captioned writ petitions being the same, they were heard analogously and are being disposed of by this common order. In sum and substance, the reliefs claimed in both the writ petitions are identical. For the sake of convenience, WPC No.4784/2022 is taken as the lead case for disposal of both the writ petitions and the reliefs claimed therein read as under :

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“1. Hon'ble Court may be kind and gracious enough to call for the records of the case from the respondents.

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Hon'ble Court may be kind be pleased to set aside

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the notice dated 28.10.2022 (Annexure P/1) passed by the respondent no. 3.

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Any other relief/relief's which Hon'ble court may deem fit in the facts and circumstances of the instant case.”

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3. Learned counsel for the petitioners submits that the notices dated 28.10.2022 have been issued for recovery of an amount of Rs.13,68,000/-. She submits that such notices could not have been issued without initiating any prior proceedings and as such, the impugned notices are liable to be quashed.

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4. Learned counsel for the respective respondents submit that the impugned notice are merely show cause notices to which the petitioners must respond. They further submit that on receipt of the petitioners’ reply, the concerned authority will initiate proceedings as envisaged under the relevant provisions of the Panchayat Raj Adhiniyam (in short “the Adhiniyam”), during which the petitioners will be given a full opportunity of being heard before a final order is passed. They further submit that since only a show cause notice has been issued to the petitioners, the petitioners ought to have approached the concerned authority under the law and filed a duly constituted reply. They also submit that if such a reply is filed and the concerned authority is satisfied with it, no proceeding will be initiated against the petitioners. Conversely, if the authority finds the reply unsatisfactory, it will proceed to initiate proceedings against the petitioners in

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accordance with law. However, since the petitioners have filed these petitions and obtained an interim order of stay, the ends of justice would be served if the concerned authority is allowed to conduct the proceedings and thereafter, a reasoned order shall be passed in accordance with law after giving them a due opportunity of hearing.

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5. At this juncture, learned counsel for the petitioners submits that if the respondent authorities initiate proceedings, the petitioners should be granted due opportunity of hearing. She further submits that after due consideration of the same and after recording of evidence, appropriate orders may be passed in accordance with law.

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6. Considering the facts and circumstances of the case, particularly considering the fact that only notices have been issued to the petitioners in respect of recovery, the concerned authorities are directed to conduct the proceedings strictly in accordance with law, specifically keeping in view of the provisions of Sections 89 and 92 of the Adhiniyam. After affording a due opportunity of hearing to the petitioners and recording the evidence of the respective parties, an appropriate order shall be passed in accordance with law. Further, the complainant shall also be permitted to appear before the concerned authority and present his submissions. The aforesaid proceeding be concluded within sixty days from the date of receipt of a certified copy of this order. The petitioner as well respondent No.3- the CEO, Janpad

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Panchayat, Korba, are directed to submit a certified or web copy of this order, before SDO(R), Korba, within 15 days from the date its receipt.

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7. Till the proceedings are concluded, the respondent authorities are directed not to take any coercive steps against the petitioners.

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8. With the aforesaid observations/directions, the Petition is finally disposed of.

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Sd/-

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( Amitendra Kishore Prasad )