1 2025:CGHC:36556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1578 of 2020 Ajay Singh S/o Vanshswaroop Singh Aged About 49 Years Sarpanch, Gram Panchayat Silphili, P.S. Jaynagar, Tahsil Surajpur, District Surajpur, Chhattisgarh. ... Petitioner versus 1- State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 2- Collector Surajpur, District Surajpur, Chhattisgarh 3- Chief Executive Officer Zila Panchayat, Surajpur, District Surajpur, Chhattisgarh 4- Sub Divisional Officer (Revenue), Surajpur District Surajpur, Chhattisgarh 5- Chief Executive Officer Janpad Panchayat, Surajpur, District Surajpur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. C Jayant K Rao Adv. For State For Intervener For Respondent No. 5 : : : Mr. Shubham Bajpai, panel lawyer Mr. Shrikant Kaushik Advocate. Ms. Priyanka Rai, Advocate, holding the brief of Mr. Abhishek Thakur, Advocate. 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/07/2025 1. The petitioner has filed this petition seeking the following relief:- “10.1. That, Hon'ble Court may kindly be pleased to set aside the order dated 30.06.2020 issued by the respondent no. 4. 10.2. Any other relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.” 2. Mr. C. Jayant K. Rao, learned counsel appearing for the petitioner, submits that the petitioner was elected as the Sarpanch of Gram Panchayat Silphili in the year 2020. He submits that a proceedings under Sections 39, 40, and 92 of the Panchayati Raj Adhiniyam were initiated by the Sub-Divisional Officer (Revenue), Surajpur and a show- cause notice dated 08.06.2020 was issued to the petitioner. In response, the petitioner submitted a reply on 27.06.2020, and the matter is still pending consideration before the competent authority. 3. Learned counsel further submits that another notice dated 30.06.2020 was issued by the Chief Executive Officer, Janpad Panchayat, Surajpur regarding recovery of an amount of 8.38 lakhs on the allegation that ₹ the petitioner, being the Sarpanch, failed to complete the construction of toilets in the Panchayat. He submits that the allegations made in the 3 notice dated 30.06.2020 are substantially similar to those already pending consideration in the proceeding initiated by the Sub-Divisional Officer (Revenue) under Section 40 of the Act; thus, he, prays for a direction to the Sub-Divisional Officer (Revenue), Surajpur, to expedite the pending proceedings and also consider the allegations made in the notice dated 30.06.2020 in the pending proceedings, without initiating a separate proceeding on the basis of the said notice. 4. On the other hand, learned counsel appearing for the respondents vehemently opposed the submission made by counsel for the petitioner. 5. Heard learned counsel for the petitioner and perused the material available on record. 6. Taking into consideration the submissions made by counsel for the petitioner, without entering into the merits of the case, the Sub- Divisional Officer (Revenue), Surajpur, is directed to decide the pending proceedings initiated against the petitioner pursuant to the show-cause notice dated 08.06.2020 under the Panchayati Raj Adhiniyam, expeditiously, in accordance with law. 7. The allegations made in the notice dated 30.06.2020 issued by the Chief Executive Officer, Janpad Panchayat, Surajpur being similar in nature, shall also be considered and decided by the Sub-Divisional Officer 4 (Revenue) in the same proceeding. No separate proceedings shall be initiated pursuant to the notice dated 30.06.2020. 8. With the aforesaid observation(s) and direction(s), the petition is disposed of at the admission stage itself. Sd/- Rakesh Mohan Pandey JUDGE Nadim