1 2025:CGHC:14265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2434 of 2021 1 - Smt. Tanu Sahu W/o Shri Toman Sahu Aged About 38 Years R/o Gram Panchayat Puri, Tahsil Charama, District North Baster, Kanker Chhattisgarh 2 - Smt. Dankuwar W/o Shri Dullu Ram Aged About 46 Years R/o Gram Panchayat Puri, Tahsil Charama, District North Baster, Kanker Chhattisgarh. ... Petitioners Versus 1 - The Collector Kanker, District North Baster, Kanker Chhattisgarh 2 - The Sub Divisional Officer (R) Kanker, District North Baster, Kanker Chhattisgarh 3 - The Tahsildar, Charama District North Baster, Kanker Chhattisgarh 4 - Secretary Gram Panchyat, Gram Puri, Block Charama, District North Baster, Kanker Chhattisgarh 5 - The Chief Executive Officer Janpad Panchayat Charama, District North Baster, Kanker Chhattisgarh 6 - Sarpanch Gram Panchayat, Gram Puri, Block Charama, District North Baster, Kanker Chhattisgarh 7 - Up Sarpanch Gram Panchayat, Gram Puri, Block Charama, District North Baster, Kanker Chhattisgarh 8 - Shri Panch Kumar Mandavi President Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh SMT NIRMALA RAO -2- 9 - Shri Shivchand Taram Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 10 - Shri Krishana Kumar Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 11 - Shri Balram Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 12 - Shri Purendra Gawade Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 13 - Shri Ashok Kumar Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 14 - Shri Deviram Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 15 - Shri Dinesh Kumar Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 16 - Shri Aatma Ram Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 17 - Shri Suresh Goha (Gota) Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 18 - Smt. Rajbai Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 19 - Smt. Nandani Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh 20 - Smt. Savita Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker 3 Chhattisgarh 21 - Smt. Rambai Member Of Forest Right Committee, Gram Panchayat, Gram Puri, Block And Tahsil Charama, District North Baster, Kanker Chhattisgarh. ---- Respondents For Petitioner : Shri Somkant Verma, Advocate. For Respondent/State : Shri Lav Sharma, P.L. For Respondents No.4 & 6 : Shri Parag Kotecha, Advocate. For Respondent No.5 : Shri Aniket Verma, Advocate holding the brief of Shri Jitendra Pali, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.03.2025 1. Heard on admission. 2. The petitioners have filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to quash resolution dated 17.3.2021 passed by the respondent No.4 against the petitioners, whereby canceled land allotted in favour fo the petitioners (Annexure-P/1)” 3. Learned counsel for the respondents would submit that the petitioners have challenged the resolution passed by the Gram Panchayat Puri, Block-Charama, District Kanker, pursuant to a letter issued by the Chief Executive Officer, Janpad Panchayat, dated 8.3.2021, whereby a decision was taken to cancel the order -4- of the grant of lease. He would further submit that the resolution passed by the Gram Panchayat is appealable before the Sub- Divisional Officer (Revenue) under Rule 3 of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 and therefore, this petition is not maintainable. 4. At this stage, learned counsel for the petitioners would submit that the petitioners are poor villagers, and forest lands were allotted way back in the year 2014-15. He would contend that the petitioners have constructed houses over those lands and have no alternative accommodation. He would further submit that permission was initially granted by the Collector in favour of the petitioners. He would also submit that the interim order is operating in favour of the petitioners. 5. I have heard learned counsel for the parties and perused the documents present on the record. 6. Taking into consideration the fact that there is an alternative remedy to assail the resolution passed by the Gram Panchayat before the Sub-Divisional Officer (Revenue) according to the provisions of Rule 3 of the Rules, 1995, in the opinion of this Court, the present case is not maintainable. Accordingly, the same is hereby dismissed. 7. However, the petitioners would be at liberty to prefer a duly constituted appeal before the Sub-Divisional Officer (Revenue) 5 within a period of 15 days along with an application for the grant of stay. In turn, the Appellate Authority shall decide the interim application preferably within a period of 45 days. For a period of 60 days, the interim order granted earlier shall remain operative. 8. With the aforesaid observation(s), the petition is disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nimmi