1 2025:CGHC:19784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2219 of 2025 1 - Smt. Kanti Sharma W/o Sitaram Sharma Aged About 58 Years Occupation- Service (Aanganwadi Worker) R/o Village And P.O. Sonhat Ward No. 4, P.S. And Tahsil Sonhat, District Koriya, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development Mantralay Mahanadi Bhawan, New Raipur, Chhattisgarh. 2 - The Collector District Koriya(Baikunthpur), Chhattisgarh. 3 - The District Progarm Officer Women And Child Development Department, District Koriya(Baikunthpur), Chhattisgarh. 4 - The Sub Divisional Officer (Revenue) Sonhat, District Koriya(Baikunthpur), Chhattisgarh. 5 - The Tahsildar Sonhat District Koriya(Baikunthpur), Chhattisgarh. 6 - The Station House Officer Sonhat, District Koriya(Baikunthpur), Chhattisgarh. 7 - The Gram Panchayat Sonhat District Koriya(Baikunthpur), Chhattisgarh. Through The Sarpanch. ... Respondents (Cause title is taken from Case Information System) For Petitioner : None For State : Ms. Upasana Mehta, Deputy Government Advocate Digitally signed by GOPAL SINGH Date: 2025.05.01 17:42:09 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 30/04/2025 1. When the matter was taken up for hearing, no one appeared on behalf of the petitioner even after mentioning this case in the morning itself. 2. Briefly stated the facts of the case are that the petitioner is presently posted and working as Aanganwadi worker at Centre Kachohar and she is having no accommodation at Sonhat, particularly, at Aanganwadi Centre Kachohar. On account of the paucity of accommodation she requested the Gram Panchayat of Sonhat for providing accommodation so that she may perform her duties regularly staying near the Aanganwadi centre without any inconvenience. At Sonhat, the Gram Panchayat has several accommodations which are lying vacant so the village Panchayat acceded to the request of the petitioner and a rent agreement was executed by the village Sarpanch in favour of the petitioner. Thus, in pursuance of the agreement, the petitioner started to reside in the Panchayat Bhawan along with her family. All of a sudden, without issuing a show cause notice and without affording any opportunity of hearing, the respondents Sub Divisional OfÏcer and District Program OfÏcer issued orders for eviction of the petitioner from the rental house/accommodation. Hence, this petition is filed. 3. By this petition, the petitioner seeks the following reliefs: 3 “10.1 That, this Hon'ble Court may graciously be pleased to issue a writ of mandamus/certiorari or of a like nature to quash the impugned order dated 22/04/2025 (Annexure- P/1) and order dated 23/04/2025 (Annexure-P/2) with suitable direction to allow the petitioner to reside in the Panchayat Accommodation as per the terms of the agreement. 10.2 That a command/direction may kindly be issued to the respondent authorities not to take any coercive action for vacating the questioned Accommodation/Premises till the alternative arrangement of accommodation is made by the panchayat. 10.3 Any other relief which is deemed fit and proper may also be awarded to the petitioner against the respondents including the cost of the petition.” 4. Learned counsel appearing for the State submits that the petitioner has been given the subject house/ofÏce premises of the panchayat in an illegal manner by the then Sarpanch and Secretary of Gram Panchayat Sonhat while executing a Rent agreement which is per se illegal. The Sarpanch and Secretary of Gram Panchayat are having no authority to execute Rent agreement in respect of house/ofÏce premises belonging to Gram Panchayat. Now, the said house/ofÏce premises is required for government use, as such the petitioner was directed to vacate the said premises. Several notices were issued, however, the petitioner has failed to vacate the premises. On the contrary, the petitioner is giving threatening through her son for issuance of lease. Since the government premises has illegally been possessed by the petitioner, as such it is required to be vacated within three days. 4 5. I have perused the record as well as the impugned order and considered the arguments advanced by learned counsel for the State. 6. Considering the facts and circumstances of the case, considering the fact that the house/ofÏce premises cannot be given on rent or otherwise for occupation of any person including the petitioner, no Rent agreement can be executed by the Sarpanch and Secretary of Gram Panchayat in respect of house/ofÏce premises belonging to Gram Panchayat, further considering the fact that the petitioner has illegally occupied the house/ofÏce premises and even after notice she is not vacating the premises, as such she is directed to vacate the house/ofÏce premises within fifteen days from today. If the petitioner does not vacate the said house/ofÏce premises of Gram Panchayat Sonhat within the stipulated period then the authorities concerned will initiate necessary action against the petitioner. 7. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh