1 2025:CGHC:14924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2428 of 2021 • Praveen Kumar S/o Shri Kamta Prasad Aged About 50 Years R/o Gram Panchayat Puri, Tahsil Charama , District North Baster , Kanker Chhattisgarh., District : Kanker, Chhattisgarh ... Petitioner(s) versus 1. The Collector Kanker , District North Baster, Kanker Chhattisgarh. 2. The Sub Divisional Officer (R) Kanker , District North Baster Chhattisgarh. 3. The Tahsildar Charama, District North Baster Chhattisgarh. 4. Secretary Gram Panchayat , Gram Puri, Block Charama, District North Baster Chhattisgarh. 5. The Cheif Executive Officer Janpad Panchayat , Charama District North Baster Chhattisgarh. 6. Sarpanch Gram Panchayat , Gram Puri, Block Charama, District North Baster Chhattisgarh. 7. Up Sarpanch Gram Panchayat Gram Puri, Block Charama, District North Baster Chhattisgarh. 8. Shri Panch Kumar Mandavi President , Forest Right Committee, Gram Panchayat, Gram Puri , Block And Tahsil Charama , District North Baster Chhattisgarh. 9. Shri Shivchand Taram Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 10. Shri Krishana Kumar Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.04.01 10:56:11 +0530 -2- 11. Shri Balram Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 12. Shri Purendra Gawade Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 13. Shri Ashok Kumar Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 14. Shri Deviram Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 15. Shri Dinesh Kumar Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 16. Shri Aatma Ram Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 17. Shri Suresh Goha (Gota) Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 18. Smt. Rajbai Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 19. Smt. Nandani Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 20. Smt. Savita Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. 21. Smt. Rambai Member Of Forest Right Committee , Gram Panchayat , Gram Puri, Block And Tahsil Charama, District North Baster Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Somkant Verma, Advocate. For Respondent/State : Mr. Pramod Shrivastava, Dy. 3 Government Advocate For Respondents No.4 & 6 : Mr. Alok Tiwari, Advocate holding the 7 to 20 brief of brief of Mr. Parag Kotecha, Advocate. For Respondent No.5 : Mr. Devesh Verma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.03.2025 1. Heard on admission. 2. The petitioner has 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 of the petitioners (Annexure-P/1)” 3. Learned counsel for the respondents would submit that the petitioner has 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 of the grant of lease. They 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 (for short “Rules, 1955”), and therefore, this petition is not maintainable. 4. At this stage, learned counsel for the petitioner would submit that the petitioner is poor villager, and forest land was allotted way back in the year 2014-15. He would contend that the petitioner has constructed house over land and have no alternative accommodation. He would -4- further submit that permission was initially granted by the Collector in favour of the petitioner. He would also submit that the interim order is operating in favour of the petitioner. 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 petitioner would be at liberty to prefer a duly constituted appeal before the Sub-Divisional Officer (Revenue) 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 $iddhant