1 / 5 2025:CGHC:37604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4048 of 2025 Sanjay Kumar Pandey S/o Late Shri Hanuman Prasad Pandey Aged About 50 Years R/o Ward No. 05, Gram Panchayat Jairamnagar, Post Jairamnagar, Police Station And Tahsil Masturi, District Bilaspur Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department Government of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur Chhattisgarh 2 - Collector Bilaspur, District Bilaspur Chhattisgarh 3 - Chief Executive Officer Zila Panchayat Bilaspur, District Bilaspur Chhattisgarh 4 - Sub Divisional Officer (Revenue) Masturi, District Bilaspur Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat Masturi, District Bilaspur Chhattisgarh 6 - Gram Panchayat Jairamnagar Through The Secretary, Gram Panchayat Jairamnagar, Janpad Panchayat Masturi, District Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Ramesh Nayak, Advocate For State : Ms. Akanksha Verma Dabhadker, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 31/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.06 11:02:23 +0530 2 / 5 1. By way of the petitioner the petitioner has prayed for the following reliefs:- 10.1 That, the Hon’ble High Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal. 10.2 That, the Hon’ble High Court may kindly be pleased to quash the proceedings of auction of weekly market of Gram Panchayat Jairamnagar. 10.3 That, the Hon’ble High Court may kindly be pleased to quash the public notice dated 22.07.2025 issued by respondent no.6 regarding auction of weekly market. 10.4 That, any other relief, this Hon’ble Court deem fit and proper may also be granted to the petitioner, in the interest of justice. 2. By the instant petition, the petitioner is calling under question the public notice dated 22.07.2025 issued by Respondent No.6 regarding auction of weekly market as well as for quashment of the proceedings of auction of weekly market of Gram Panchayat Jairamnagar. 3. The grievance of the petitioner is that in Jairamnagar there is a weekly market which is very popular in the localities from many decades. From many years the weekly market was auctioned on lease to collect the market fees from the local businessman who comes to the market to sell their items. In the auction of weekly market the person whose bid was accepted by the respondent no. 6 3 / 5 deposit the lease amount before the respondent no. 6. In the year 2022-23 amount of Rs. 1,83,150/-, in the year 2023-24 amount of Rs. 2,04,000/- and in the year 2024-25 amount of Rs. 2,26,000/- was deposited in the Panchayat fund by the bidder as a lease amount of weekly market. Contractors who participate in the auction made a group at the time of auction and the amount of auction was fixed by them through compromise which causes financial loss to the Panchayat Fund. The persons appointed by contractor collected market fees misbehave and collect excess market fees from shop keepers and many complaints through the villagers and shopkeepers come before respondent no.6. On 13.05.2025 meeting of respondent no.6 was held in which resolution no. 2 was passed by the respondent no. 6 to appoint Panchayat employee for collection of market fees from the weekly market and resolution was passed to collect the market fees through Panchayat. On 29.05.2025 the respondent no.5 sent a letter to the Sarpanch and Secretary of the Gram Panchayat Jairamnagar directing him to initiate the proceeding of auction of weekly market. On 27.06.2025 meeting of Gram Sabha was held and resolution was passed by the Gram Sabha to collect the market fees through Panchayat. The respondent no.5 sent a show cause notice to the Secretary of the Gram Panchayat Jairamnagar through letter dated 16.07.2025 directing him to submit reply of the same within 3 days that why disciplinary action may not be initiated against him for non-compliance of order for auction of weekly market. Due to the pressure created by respondent no. 5, respondent 4 / 5 no. 6 issued public notice for auction of the weekly market scheduled to be held on 02.08.2025 at 12:00 noon in Gram Panchayat Bhawan Jairamnagar. Section 80 of the Chhattisgarh Panchayat Raj Adhiniyam 1993 is not mandatory upon the Panchayat but it provides the power to the Panchayat to lease the market by auction or not. On 23.07.2025 petitioner and others submitted an application before respondent no.2 with a prayer to stop the proceedings of auction. In the application it was stated that in 3 month from April to May the market fees collected by the Gram Panchayat is Rs.1,04,000/- and estimated to be Rs. 4,00,000/- in a year which is far more than amount of auction of last year. The issuance of public notice for auction of the weekly market by respondent no. 6 is against the aim and object the Chhattisgarh Panchayat Raj Adhiniyam 1993. Hence this petition. 4. Learned counsel for the petitioner would submit that the auction of weekly market is only to facilitate the contractor which creates financial loss to the Gram Panchayat. He would next contend that Section 80 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 is not mandatory upon the Panchayat but it provides the power to the Panchayat to lease the market by auction or not. He would lastly contend that there is no provision of appeal or revision under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 against the resolution passed by the Gram Sabha. 5. Per contra, learned State counsel opposes the submissions made by 5 / 5 learned counsel for the petitioner. 6. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 7. Section 80 of the C.G. Panchayat Raj Adhiniyam, 1993 provides as under:- “80. Leases of market fee, etc.- The Panchayat may by public auction in the prescribed manner, lease the collection of any fee specified in Schedule III.” 8. Rule 91 of the C.G. Panchayat Raj Adhiniyam, 1993 provides for appeal against the order of the proceedings of the Panchayat and other authorities under this Act. 9. Accordingly, in view of the availability of the alternative remedy, the instant petition is dismissed. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu