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2025 DAILYLAW 33608 (CHH)

OM PRAKASH VERMA v. STATE OF CHHATTISGARH

WPC/3548/2025 · 2025-07-09

Shri Arvind Kumar Verma

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Judgment text

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1 / 3 2025:CGHC:31902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3548 of 2025 1- Om Prakash Verma S/o. Shri Koduram Verma, Aged About 49 Years 2 - Narsingh Janghel, S/o. Shri Muniram Janghel, Aged About 53 Years 3 - Yashwant Verma, S/o. Shri Prem Lal Verma, Aged About 33 Years All R/o. Village Suvartala, Gram Panchayat Navagaongahira, Janpad Panchayat Saja, District- Bemetara (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Collector, District Bemetara (C.G.) 2 - Sub-Divisional Officer (Rev.) Saja, District Bemetara (C.G.) 3 - Chief Executive Office (CEO) Jila Panchayat Bemetara (C.G.) 4 - Chief Executive Officer (CEO), Janpad Panchayat Saja, District Bemetara (C.G.) 5 - Ajay Verma, Sarpanch, Gram Panchayat Navagaongahira, Janpad Panchayat Saja, District Bemetara (C.G.) ... Respondents For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Mr. Rishabh Bisen, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/07/2025 1. By way of the instant petition, the petitioners have prayed for initiation of proceedings /action against the Respondent No.5 under ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.11 18:13:00 +0530 2 / 3 Section 40 of the C.G. Panchayat Raj Adhiniyam,1993 on account of misappropriation of Rs.20.00 Lakhs and dereliction of duty. 2. The grievance of the petitioner is that during the financial year 2022- 23 and 2023-24, the Gram Panchayat Navagaongahira received funds for various essential construction works, including the construction of a training shed, a fair price shop-cum-warehouse and a Muktidham Shed and the Respondent No.5, who is the Sarpanch of Gram Panchayat Navagaongahira, he in connivance with the then Secretary Shambhuram Sahu and the current Secretary Smt. Hiraudi Netam, allegedly withdrew approximately Rs20.00 lakhs against these approved works. On the basis of the investigation it was revealed that these approved works were neither started nor completed and the aforesaid amount was kept by the Sarpanch and Secretaries with them in cash for a period of 01 to 02 years, thereby the misappropriation of government fund was done. 3. It is submitted that following these irregularities the villagers filed a complaint before the CEO, Janpad Panchayat Saja and requested for investigation against all the erring /delinquent office bearers. It is further submitted that pursuant to the same an investigation team was constituted and the investigation report has been submitted and Respondent No.3 has written a letter to the Sub-Divisional Officer, requesting him to take immediate action against the said office bearers, however, till date no action has been taken. 4. Per contra, learned State counsel submits that the instant petition is 3 / 3 not maintainable as the petitioner has no locus to challenge the same. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. From perusal of the documents i.e. Annexure P/1, P/2 & P/3 it reveal that the CEO, Zila Panchayat, Bemetara has directed the SDO (Revenue), Saja to initiate proceedings against Mr. Ajay Verma, Sarpanch under Section 40 of the C.G. Panchayat Raj Adhiniyam, 1993. Therefore, since the proceedings have already been initiated against the Respondent No.5, therefore, the instant petition is not maintainable. 7. Accordingly, the petition is dismissed. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu