GRAM PANCHAYAT KASHIBAHARA v. STATE OF CHHATTISGARH
WPC/3078/2025 · 2025-06-29
Shri Ravindra Kumar Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29363 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29363 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:28836-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3078 of 2025 1 - Gram Panchayat Kashibahara Through Sarpanch, Kheduram Patel S/o Shri Chamar Singh Patel, Aged About 60 Years, R/o Village Kashibahara, Tehsil- Pithora, District Mahasamund, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through Secretary, Department Of Irrigation, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Through Director, Public Health And Engineering Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 4 - Project Director Jal Jivan Mission, Neer Bhavan, Civil Lines, Division- Raipur, District Raipur, Chhattisgarh. 5 - Collector Mahasamund, District : Mahasamund, Chhattisgarh 6 - Zila Panchayat Mahasamund Through Chief Executive Officer, District : Mahasamund, Chhattisgarh 7 - Janpad Panchayat Pithora Through Chief Executive Officer, District : Mahasamund, Chhattisgarh SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.30 18:23:01 +0530
2 8 - Executive Engineer And Member Secretary District Water And Sanitation Mission, Public Health Engineering Division Mahasamund, District : Mahasamund, Chhattisgarh 9 - M/s Sonwani Traders Through Its Proprietor- Sonadhar Sonwani, S/o Chata Ram Sonwani, Aged About 50 Years, R/o Nayaravan Bhata, Ward No. 30, Mahasamund, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate For Respondent(s) : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J.
Order on Board Per
Ramesh Sinha, Chief Justice
30/06/2025
1. Heard Mr. Surfaraj Khan, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, Govt. Advocate, for the respondent/State.
2. The present petition has been filed by the petitioner with the following relief(s):
"(I) That, this Hon’ble Court may kindly be pleased to issue a Suitable Writ(s), Order(s), Direction(s), by quashing the letters dated 15.05.2025 (Annexure P/1) & 21.05.2025 (Annexure-P/2) and its proceeding and its consequences, only in respect of petitioners herein, in the interest of justice. (ii) That, this Hon’ble Court may kindly be pleased to call the entire records from the court below for its kind perusal. (iii) Any other relief, which may be suitable in the facts
3 and circumstances of the case, may also be granted."
3. The instant Petition has been filed by the petitioner/ Gram Panchayat Kashibahara against the letters dated 15.05.2025 (Annexure P/1) & 21.05.2025 (Annexure P/2) issued by the Zila Panchayat, Mahasamund and Janpad Panchayat Pithora respectively, whereby the petitioner is directed to make the payment of running water work done by M/s Sonwani Traders (respondent No.9) from the Panchayat funds. In the impugned letters (Annexure P/1 & P/2), it has been stated that a writ petition (WPC No.314/2025) was filed by M/s Sonwani Traders (Respondent No.9) before this Court and the said writ petition was disposed of vide
order dated 17.01.2025 directing the respondent authorities to verifty the grievance of the petitioner (petitioner of that case) and if the work has been completed and there is no dispute towards the bill raised by the petitioner, the same shall be released to him within a period of 45 days from the date of receipt of the copy of the
order. The claim of the petitioner in the present writ petition is that the tender for running water work from Gram Panchayat Kashibahara was issued by a different department whereas the petitioner is goverened by the department of panchayat and rural development. Gram Panchayat is a self local government and therefore, issuance of letters dated 15.05.2025 (Annexure P/1) and 21.05.2025 (Annexure P/2) directing them to pay the running water bills are illegal and the same is liable to be set aside by this Hon'ble Court.
4.
Learned counsel for the petitioner would submit that the present petitioner Gram Panchayat Kashibehara was not a party to the said WPC No. 314/2025 and he was not provided any opportunity and put up his case before passing the order dated 17.01.2025 which ultimately affects their rights. He would further submit that the present petitioner Gram Panchayat Kashibehara is disputing the work allegedly carried out by the Respondent No. 9 and its evaluation by the authorities concerned. After arguing for sometime, learned counsel for the writ petitioner prays for withdrawal of of the writ petition with liberty to approach before the learned Single
4 Judge to take recourse to law available to him.
5. Considering the submissions made by learned counsel for the writ petitioner and under the facts and circumstances of the case, the present writ petition is dismissed as withdrawn with liberty to the writ petitioner to take recourse to law before the learned Single Judge.
6. With the aforesaid liberty the present writ petition is dismissed as withdrawn.
Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice sagrika