1 / 3 2026:CGHC:1494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 137 of 2026 Shri Kashiram Sahu S/o Late Shivlal Sahu Aged About 64 Years R/o Village And Post Jugdehi, Tehsil Bhakhara, District : Dhamtari, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - The Collector District Dhamtari, Chhattisgarh 3 - Deputy Registrar Cooperative Sanstha Dhamtari, District : Dhamtari, Chhattisgarh 4 - President Prathmik Krishi Sakh Sahkari Samiti Jugdehi, Registration No. 1539 Village Jugdehi, Tehsil Bhakhara, District : Dhamtari, Chhattisgarh 5 - Prabhari Samiti Prabandhak Prathmik Krishi Sakh Sahkari Samiti Jugdehi, Registration No. 1539 Village Jugdehi, Tehsil Bhakhara, District : Dhamtari, Chhattisgarh ... Respondents For Petitioner : Mr. Swapnil Keshari, Advocate For State : Mr. Aditya Tiwari, Panel lawyer ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.09 18:21:47 +0530 2 / 3 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 09/01/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 This Hon’ble Court may kindly be pleased to call for entire records from the office of the respondent in respect of petitioner’s claim. 10.2 The Hon’ble Court may kindly be pleased to direct the respondents no. 3 to 5 to pay gratuity amount with interest. 10.3 The Hon’ble Court may kindly be pleased to direct the respondent no. 2 to recover gratuity amount as per award dated 10.10.2024 passed by controlling authority from respondents.” 2. Learned counsel for petitioner submits that petitioner has filed an application for disbursement of amount of gratuity for which he is entitled before the controlling authority under the Gratuity Act, 1972. The application submitted by petitioner was allowed by competent authority by order dated 10.10.2024. Even after passing of order of awarding gratuity in favor of petitioner, when the amount of gratuity is not paid he has filed an application for execution of order. The competent authority under the Act of 1972 while considering the application filed under Section 8 of the Act of 1972 had issued a letter to Collector, Dhamtari for recovery amount of gratuity from the non- applicants therein by attaching property of non-applicant. The letter was issued on 15.05.2025 however, till date the Collector has not complied with the directives of controlling authority under the Act of 1972. 3. Learned counsel for State submits that he has sought instructions in this matter and according to his information, Collector i.e. Respondent no. 2 has already issued a letter to Tehsildar directing him to register 3 / 3 the case for recovery of amount as ordered under the Gratuity Act by Controlling authority. He submits that according to his instructions there are ten persons who have been ordered for payment of gratuity and according to his information Tehsildar has registered revenue case for returning the amount of areas of land revenue and proceedings will be concluded at the earliest, in accordance with law. 4. On due consideration of submission made by learned counsel for parties, as also perusal of documents enclosed along with this writ petition particularly Annexure P-2 order dated 17.07.2025 which is letter written by Collector to Tehsildar, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition at this stage, directing respondent no. 2 as also the Tehsilder, District- Dhamtari to conclude the proceedings of recovery as per letter written by competent authority under the Act of 1972, expeditiously, preferably within a further period of 3 months from the date of receipt of the order, if there is no legal impediment to comply with the letter of controlling authority under the Act of 1972 dated 16.07.2025. 5. With the aforementioned observation and direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza