1 2025:CGHC:25436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3710 of 2019 1 - Shankar Matsyodyog Sahkari Samiti Maryadit, Sara Through The President - Ramprasad Gond, S/o Maleram Gond, Aged About 43 Years, R/o Village Sara, Post Mansukh, Tahsil And Police Station Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture And Fisheries, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Secretary Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector Koriya (Fisheries Branch), Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4 - The Assistant Director Fisheries Department, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5 - The Chief Executive Officer Janpad Panchayat, Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6 - Milan Aadiwasi Machhua Sahkari Samiti Maryadit Through The President Village Salba, Post Mansukh, Tahsil And Police Station Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For Petitioner : Mr. Ashok Kumar Shukla, Advocate For State : Mr. Topilal Bareth, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.06.2025 1. The petitioner has filed this petition against the resolution passed REKHA SINGH Digitally signed by REKHA SINGH -2- by the Janpad Panchayat, Baikunthpur, District Koriya (C.G.) dated 28.08.2019. 2. Mr. Bareth, learned Panel Lawyer appearing for the State would submit that according to the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 (for short ‘the Rules of 1995’), any order which includes resolution passed by the Janpad Panchayat would be appealable before the Collector. He would further submit that the present petition is not maintainable as an efficacious alternative remedy is available in favour of the petitioner. 3. Heard learned counsel appearing for the parties. 4. Rule 3 of the Rules of 1995 reads as under : “Rule.3- Appeal and appellate authorities.- Save where it has been otherwise provided in the Act or rules or bye-laws made thereunder, an appeal shall lie,- (a)in the case of an order passed by the Sub-Divisional Officer under any provision of the Act or rules or bye laws made thereunder to the Collector; (b)in the case of an order passed by the Collector under any provision of the Act or rules or bye laws made thereunder to the Commissioner; (c)in the case of an order passed by the Commissioner or Director of Panchayats to the State Government; (d)in the case of an order passed by the Panchayat specified in Column (1) of the Table below to the authority specified in the corresponding entry in Column (2) thereto. Table (1) (2) (a) Gram Panchayat Sub-Divisional Officer. (b) Janpad Panchayat Collector. (c) Zila Panchayat Commissioner. 3 5. Taking into consideration the fact that there is an efficacious alternative remedy of filing of an appeal before the Collector, therefore, in my opinion, this petition is not maintainable and according is hereby dismissed. However, the petitioner would be at liberty to prefer duly constituted appeal before the Collector according to the provisions of the Rules of 1995 and in turn, the authority concerned is directed to decide it expeditiously. The petitioner would also be at liberty to move an application for grant of interim stay. 6. As an interim order is operating in favour of the petitioner, same shall remain effective for a period of 30 days and the concerned Collector is directed to decide the interim application within a period of 30 days. 7. With the aforesaid observation(s)/direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha