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2025 DAILYLAW 3569 (CHH)

SANJAY RAM v. STATE OF CHHATTISGARH

WPC/290/2021 · 2025-06-25

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:28128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 290 of 2021  Sanjay Ram S/o Nathu Ram Aged About 30 Years R/o Village Rasdipa (Rasaldipa), Police Station Pandrapath, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Collector District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 3. The Sub Divisional Officer (Revenue) Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 4. The Project Officer Women And Child Development Project Sanna, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 5. The Chief Executive Officer Janpad Panchayat, Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 6. Gram Panchayat Pandrapath Through Its Secretary District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. J.K. Saxena, Advocate For State : Mr. Sanjeev Kumar Agrawal, Panel Lawyer For Respondent No. 5 : Mr. Anurag Verma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26. 06.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, the Hon’ble Court may kindly be pleased to call the entire records pertaining to case of petitioner. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.06.27 16:10:03 +0530 2 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to construct the Anganbadi Center at Village Rasdipa as approved by the order dated 05.11.2020 (Annexure P/1), in accordance with law. 10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 2. Learned counsel for the petitioner would submit that by the order dated 05.11.2019 (Annexure P/1), the State government through Janpad Panchayat Bagicha, decided to construct an Anganbadi building at Village Rasardipa, however, the Gram Panchayat Pendrapath in connivance with each other, shifted the venue at village Nawapara. He would further submit that a complaint was made in this regard to the Collector/respondent No. 2 and respondent No. 2 directed respondent No. 5 to conduct an enquiry vide order dated 17.12.2020. He would also submit that there is an interim order in favour of the petitioner, which was granted on 27.01.2021. 3. On the other hand, learned counsels appearing for the respondents would submit that a report has been submitted by the concerned Tahsildar, wherein, it is stated that the Anganbadi building is being constructed within the territory of village Rasardipa. 4. I have heard learned counsel for the parties and perused the documents placed on the record. 5. The resolution passed by the Gram Panchayat, Pandrapath dated 18.08.2020 would show that the Anganbadi Building was proposed to be constructed at village Rasardipa, whereas, the same was being constructed at village Pandrapath contrary to the decision taken by the Gram Panchayat. A complaint was made before the Collector and an enquiry was conducted. 6. Taking into consideration the dispute involved in the present case, the 3 petitioner and the contesting respondent i.e. Gram Panchayat are permitted to approach the concerned Collector along with the relevant documents including the resolution passed by the Gram Panchayat, Pandrapath within a period of 30 days, and in turn, the concerned Collector is directed to look into the matter and take an appropriate decision within a further period of 90 days. 7. The concerned Collector shall provide sufficient opportunity of hearing to the petitioner and the concerned Gram Panchayat before taking a final decision in the matter. 8. The interim order granted on 27.01.2021 shall remain in force for a period of 120 days. 9. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge $iddhant