1 2025:CGHC:31900 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3541 of 2025 1 - Onkar Patel S/o Shri Thakurram Patel Aged About 39 Years Bdc And Vice President Of Janpad Panchayat Baramkela, Constituency No. 08, R/o Village- Kandola, Janpad Panchayat Baramkela, District- Sarangarh-Bilaigarh (C.G.) 2 - Yuvraj Chaudhary S/o Shri Tejram Chaudhary Aged About 41 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 01, R/o Village- Salheona, Janpad Panchayat Baramkela, District- Sarangarh- Bilaigarh (C.G.) 3 - Smt. Pooja Chauhan W/o Shri Santosh Chauhan Aged About 27 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 03, R/o Village- Bilaigarh (A) Salheona, Janpad Panchayat Baramkela, District- Sarangarh-Bilaigarh (C.G.) 4 - Smt. Subhashini Barik W/o Shri Gautam Barik Aged About 49 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 04, R/o Village- Lipti, Janpad Panchayat Baramkela, District- Sarangarh- Bilaigarh (C.G.) 5 - Tarachand Patel S/o Shri Fagulal Patel Aged About 51 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 13, R/o Village- Vikrampali, Janpad Panchayat Baramkela, District- Sarangarh- Bilaigarh (C.G.) 6 - Smt. Dhaneshwari Kanhaiya Lal Sarthi W/o Shri Kanhaiya Lal Sarthi Aged About 21 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 18, R/o Village- Lendra, Janpad Panchayat Baramkela, District- Sarangarh-Bilaigarh (C.G.) 7 - Smt. Girja Patel W/o Shri Dileshwar Patel Aged About 40 Years VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.10 15:26:37 +0530 2 Bdc Of Janpad Panchayat Baramkela, Constituency No. 19, R/o Village- Semikhurd, Janpad Panchayat Baramkela, District- Sarangarh- Bilaigarh (C.G.) 8 - Smt. Neelam Patel W/o Shri Kishore Patel Aged About 45 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 20, R/o Village- Chhuhipali, Janpad Panchayat Baramkela, District- Sarangarh- Bilaigarh (C.G.) 9 - Smt. Shakuntala Shrivas W/o Shri Durga Prasad Shrivas Aged About 39 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 23, R/o Village- Dulopali, Janpad Panchayat Baramkela, District- Sarangarh-Bilaigarh (C.G.) 10 - Smt. Shusila Bariha W/o Shri Sampat Bariha Aged About 43 Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 24, R/o Village- Joganipali, Janpad Panchayat Baramkela, District- Sarangarh- Bilaigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - The Collector District- Sarangarh-Bilaigarh (C.G.) 3 - Zila Panchayat Sarangarh-Bilaigarh Through - Its Chief Executive Officer, District- Sarangarh-Bilaigarh (C.G.) 4 - Janpad Panchayat Baramkela Through - Its Chief Executive Officer, District- Sarangarh-Bilaigarh (C.G.) ---- Respondents For Petitioners : Mr. Roop Ram Naik, Advocate For State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 3 10/07/2025 Heard. 1. By way of the present petition, the petitioner is challenging the resolution dated 23.06.2025 passed by respondent No.4, 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 4 all the Gram Panchayats falling within the jurisdiction of Respondent No.4 so that development works may be done properly. However, it is contrary to the Article 243 of the Constitution of India. 3. Per contra, learned counsel for the State submits that the petitioners have alternative remedy to challenge the impugned resolution dated 23.06.2025 passed by respondent No.4 before the State Government in view of Section 85/91 of the Chhattisgarh Panchayati Raj Adhhiniyam, 1993, therefore, the instant 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.4 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 5 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 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 85/91 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/- (Arvind Kumar Verma) Judge Vasant