1 / 5 2025:CGHC:28397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3070 of 2025 1 - Shashi Prabha Gaikwad W/o Chandra Prakash Gaikwad Aged About 50 Years R/o Village- Bhoiyana Bhatta, Post- Baba Mohatara, Tahsil - Bemetara, Distt.- Bemetara (C.G.) 2 - Bal Kumari Dhruw W/o Harigaur Singh Dhruw Aged About 30 Years R/o Village- Semania, Post- Kanhera, Tahsil - Dadhi, Distt.- Bemetara (C.G.) ... Petitioners versus 1 – Union of India Through Ministry of Panchayati Raj, Krishi Bhawan, New Delhi 2 - Department of Drinking Water and Sanitation Ministry of Jal Shakti, Government of India, 6th Floor Cabin, Shram Shakti Bhawan, Rafi Marg, New Delhi 3 - State of Chhattisgarh Through Secretary, Department of Panchayat and Rural Development, Mahanadi Bahwan, Nava Raipur, Distt. - Raipur (C.G.) 4 - Director Directorate of Panchayat, Indrawati Bhawan, Nava Raipur, Distt.- Raipur (C.G.) 5 - Collector Bemetara, Distt.- Bemetara (C.G.) 6 - Zila Panchayat Bemetara Through Its Chief Executive Officer, Distt.- Bemetara (C.G.) 7 - Kalpana Tiwari W/o Yogesh Tiwari R/o Village- Nevnara, Post- Hasda, Tehsil - Berla, District- Bemetara (C.G.) 8 - Khushboo Verma W/o Govind Verma R/o Village- Surujpura, Post- Parasbod, Tehsil- Berla, District- Bemetara (C.G.) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.02 14:47:50 +0530 2 / 5 9 - Anjali Gandharva W/o Nandram Village- Kathautiya, Post- Chhirha Tehsil- Dadhi, District- Bemetara (C.G.) 10 - Harish Sahu S/o Panchram Sahu R/o Village- Kusmi, Post- Baba Mohtra Tehsil - Bemetara, District- Bemetara (C.G.) 11 - Sushila Joshi W/o Uma Joshi R/o Village- Murra, Post- Nandghat Tehsil- Nandghat, District- Bemetara (C.G.) 12 - Anju Baghel S/o Dayal Ram R/o Village- Kunra, Post- Kunra Tehsil - Nandghat, District- Bemetara (C.G.) 13 - Madhu Rai W/o Santosh R/o Village- Chakravay, Post- Maro Tehsil - Nandghat, District- Bemetara (C.G.) 14 - Devi Verma W/o Parmeshwar Verma R/o Village- Ghivari, Post- Karesara, Tehsil - Thankhamharia, District- Bemetara (C.G.) 15 - Preeti Patel W/o Govind Patel R/o Village- Kandai, Post- Ninwa, Tehsil - Saja, District- Bemetara (C.G.) 16 - Anil Verma R/o Village- Deurgaon, Post- Deurgaon, Tehsil - Saja, District- Bemetara (C.G.) 17 - Anjani Kumar Chandel S/o Raghav Singh R/o Village- Reve, Post- Patora, Tehsil - Berla, District- Bemetara (C.G.) 18 - Rahul Tikariha S/o Yograj Tikariha R/o Village- Silghat, Tehsil - Bhimbhori, District- Bemetara (C.G.) ... Respondents For Petitioners : Mr. Rajnish Singh Baghel, Advocate For UOI/Respondents No.1 & 2 : Mr. Ramakant Mishra, DSGI For State/Respondents No.3 to 5 : Mr. Satish Gupta, GA For Respondent No.6 : Mr. Arvind Dubey, Advocate For Respondents No.8, 12, 14, 15, 16, 17 & 18 Mr. Shishir Dixit, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/06/2025 3 / 5 1. By way of the present petition, the petitioner is challenging the decision taken by the Respondent No.6 wherein the said respondent has approved the development projects for the other Village Panchayats, however, the projects proposed by the petitioners for the Village Panchayat falling under their Constituencies have not been approved. 2. Learned counsel for the petitioner would contend that as per Article 38 and 39 equitable distribution of resources is a constitutional guarantee, which includes equitable distribution of developmental funds, therefore, depriving the Gram Panchayat of the constituencies of the petitioners is in violation of these provisions. He would next contend that the funds issued on the recommendations of the 15th Finance Commission are revenues collected by way of direct and indirect taxes from the people of State including the people living in the constituencies represented by the petitioners as such denying the people from their part and share of development which is to be done from the taxes collected from the people of the concerned area, therefore, it is prayed that Respondents may be directed to distribute the grant in received under recommendation of 15th Finance Commission equitably in all the Gram Panchayats falling within the jurisdiction of Respondent No.6 so that development works may be done properly. 3. Per contra, learned counsel for the respondents would submit that the development projects of the petitioners’ Gram Panchayat have 4 / 5 also been included and amount of Rs. 2.50 Lakhs and 2.86 Lakhs have been alloted towards the development work. They would further submit that an alternative remedy under Section 85/91 of the C.G. Panchayat Raj Adhiniyam, 1993 is available to the petitioner, therefore, the instant writ petition is not maintainable. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. The instant petition has been filed for implementation of constitutional rights of equal distribution of resources and economic justice, which includes development also in the Panchayat and stopping and putting an end to the discriminative practice of majoritarianism in the Respondent No.6 using which the respondents are scuttling the development projects in the constituencies represented by the petitioners. 6. The Hon’ble Supreme Court in the matter of Sagar Machhua Sahakari Samiti, Seoni vs. Chief Executive Officer, Janpad Panchayat, Seoni and Another {2008 SCC OnLine MP 16 : (2008) 2 MP LJ 194} has held that the resolution passed by the Gram Panchayat can be challenged in an appeal or a revision as per substantive provision of 1993 Act. 7. In this case also the alternative remedy is available to the petitioner under Section 85/91 of the C.G. Panchayat Raj Adhiniyam, 1993, therefore, the instant petition is not maintainable and there is no 5 / 5 good ground to entertain the same. 8. Accordingly, the writ petition is dismissed. However, the liberty is given to the petitioner to file the application under Section 85 before the competent authority within a period of 15 days from the date of receipt of copy of this order and on such application being filed, the said authority shall decide the same within a further period of 45 days from the date of receipt of the application. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu