1 2025:CGHC:13716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1471 of 2019 1. Ashok Kumar Rajwade S/o Shri Ghuran Ram Rajwade Aged About 45 Years R/o Village - Jagdishpur, Police Station And Tahsil - Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2. Smt. Dhirmend Rajwade @ Dhirmen Rajwade W/o Shri Ashok Kumar Rajwade Aged About 42 Years R/o Village - Jagdishpur, Police Station And Tahsil - Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3. Kishun Ram Rajwade S/o Shri Ghuran Ram Rajwade Aged About 47 Years R/o Village - Jagdishpur, Police Station And Tahsil Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Collector, Sarguja District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3. Gram Panchayat Jagdishpur Janpad Panchayat Ambikapur, District Sarguja Chhattisgarh. Through The Secretary, Gram Panchayat Jagdishpur, Janpad Panchayat Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4. The Sarpanch Gram Panchayat Jagdishpur, Janpad Panchayat Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5. The Secretary Gram Panchayat Jagdishpur, Janpad Panchayat Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.03.26 10:36:31 +0530 2 For Petitioners : Mr. Rishi Rahul Soni, Advocate For State : None. For Respondents No. 3 to 5 : Mr. Ram Vifal Ram Rajwade, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21. 03.2025 1. The petitioners have filed this petition assailing the notice dated 08.10.2018 issued by the Sarpanch and Secretary of Gram Panchayat, Jagdishpur, Janpad Panchayat Ambikaspur, District Surguja, whereby petitioner No. 1 has been directed to vacate possession from the land bearing survey No. 51/01 area 02.16 hectares within a period of 7 days. 2. Learned counsel appearing for the petitioners would submit that petitioner No. 1 is the owner of the property and the Sarpanch and Secretary of the Gram Panchayat have no authority of law to issue such notice. He would pray to quash the notice dated 08.10.2018. 3. On the other hand, learned counsel appearing for respondents No. 3 to 5 would submit that the order/notice passed by the Sarpanch and Secretary of the Gram Panchayat, Jagdishpur is appealable according to the provisions of the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995 (for short “Rules, 1995”), and therefore, the instant petition is not maintainable. He would further submit that the petitioners have encroached over the Government land and the subject land is proposed for the construction of a mini-stadium. 4. Heard learned counsel appearing for the parties and perused the documents placed on the record. 5. According to the provisions of Rule 3 of the Rules, 1995, the order passed by the Gram Panchayat is appealable before the Sub-Divisional Officer; 3 therefore, in the considered opinion of this Court, this petition is not maintainable and the same is hereby dismissed. However, the petitioners would be at liberty to take recourse to the law. 6. Interim relief granted earlier shall remain in force for a period of 60 days and in between, the petitioners would be at liberty to prefer an appeal along with an application for the grant of stay before the appellate authority. The appellate authority is directed to decide the application for the grant of stay by that period. Sd/- (Rakesh Mohan Pandey) Judge $iddhant