1 2025:CGHC:18166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4861 of 2023 1 - Biotech Fuels Private Limited Having Its Registered Office At Khasra No. 192/2 And 192/1, Near Umiya Market, Birgaon, Raipur, District- Raipur, Chhattisgarh, India, 492003 Through Its Director Charnjiv Singh Bhutani Aged Aboout 38 Years S/o Shri Ravindra Singh Bhutani, Resident Of House No.- 09, Vip Estate, Vip Club, Shankar Nagar, Raipur, District : Raipur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar,, District : Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Secretary Panchayat And Rural Development Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar,, District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar,, District : Raipur, Chhattisgarh 4 - Collector Bemetara, Office Of Collector Bemetara,, District : Bemetara, Chhattisgarh 5 - Sub- Divisional Officer Bemetara, District- Bemetara, Office Of Sub- Divisional Officer, Bemetara,, District : Bemetara, Chhattisgarh 6 - Gram Panchayat Patharaa Through Its Secretary, Office Of The Gram Panchayat- Patharra, Village- Patharra, Janpad Panchayat, District : Bemetara, Chhattisgarh RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.25 15:44:42 +0530 2 7 - Gram Sabha Patharaa Through Sarpanch, Office Of The Gram Panchayat- Patharra, Village- Patharra, Janpad Panchayat And, District : Bemetara, Chhattisgarh 8 - State Investment Board Through Its Secretary- Cum- Convener, Directorate Of Industries, Udyog Bhavan, Ring Road No. 01, Telibandha,, District : Raipur, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Manoj Paranjpe and Mr. Siddharth Dubey, Advocate For State/Respondents No.1 to 5 : Mr. Praveen Das, Dy. Advocate General For Respondents No. 6 & 7: Mr. Jitendra Pali, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 22/04/2025 1. Heard Mr. Manoj Paranjpe and Mr. Siddharth Dubey, counsels for the petitioner. Also heard Mr. Praveen Das, Dy. Advocate General for the State/respondents No.1 to 5 as well as Mr. Jitendra Pali, learned counsel for the respondent No. 6 & 7. 2. Learned counsel for the petitioner submits that during the pendency of this writ petition the resolution which is the subject matter of this petition has been withdrawn and against the said order/resolution passed by the Gram Panchayat – Patharra, District Bemerata they have preferred an appeal before the SDO, Bemetara under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 read with Section 3 (d) of the Chhattisgarh 3 Panchayats (Appeal and Revision) Rules, 1995 along with an application for grant of stay. 3. Learned counsel for the petitioner further submits that this Court vide order 10.11.2023 has granted interim relief directing not to pass any final order in respect of the show cause notice issued by the respondent No.5 (Annexure P/1). Now, since the matter has been seized by the concerned SDO (R) which was withdrawn and is under challenge along with the appeal, as such, there is nothing to be adjudicated in the present facts and circumstances of this case, however, since, an application for stay is filed and pending before the concerned SDO, the concerned SDO may be directed to consider and decide the interim application filed under Rule 8 of Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 within a period of 15 days from the date of receipt of the order. Till 15 days or till the decision on interim application filed by the petitioner, the interim protection which has been granted by this Court may remain intact. 4. Learned counsel for the State as well as learned counsel for the respondent No.6 & 7 has opposed the submission made by the counsel for the petitioner and it has been submitted that since the resolution itself is withdrawn, as such, the interim order granted earlier cannot remain intact. 5. Since, during the pendency of this writ petition the resolution which is the subject matter of this petition has been withdrawn and 4 against the said order/resolution passed by the Gram Panchayat – Patharra, District Bemerata they have preferred an appeal before the SDO, Bemetara under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 read with Section 3 (d) of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 along with an application for grant of stay, as such nothing is required to be adjudicated. 6. The concerned SDO is at liberty to pass appropriate orders in accordance with law as this Court has not made any opinion on the merits of this case. 7. With the aforesaid observation(s) and direction(s), the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi