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2026 DAILYLAW 20744 (CHH)

RAVIKANT GADHWAL v. STATE OF CHHATTISGARH

WPS/3944/2026 · 2026-05-06

Shri Bibhu Datta Guru

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3944 of 2026 Ravikant Gadhwal S/o Late Nageshwar Prasad Gadhwal, Aged About 45 Years Village Khadgama, District Manendragarh Chirmiri Bharatpur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal Welfare, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Collector District Manendragarh,- Chirmiri-Bharatpur Chhattisgarh 3 - Assistant Commissioner, Tribal Development Department, District Manendragarh-Chirmiri Bharatpur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Amitesh Yadav, Advocate For Respondents/ State : Mr. Shahil Singh, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/05/2026 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.05.09 10:57:26 +0530 2 1. By the present writ petition, the petitioner seeks quashment of the order dated 27.02.2026 (Annexure P-2) and further seeks a direction towards the respondent authorities to consider his application dated 20/01/2026 for release of an amount of Rs.2,50,000/- from his provident fund account for the medical treatment of his wife. 2. Learned counsel appearing for the petitioner submits that the petitioner had submitted an application dated 20/01/2026 seeking withdrawal of part-final amount from his provident fund account for medical treatment of his wife; however, the same has been rejected vide communication dated 27/02/2026 in an illegal and arbitrary manner on the ground that the petitioner had earlier also withdrawn part-final amount from his provident fund account. 3. Per contra, learned counsel appearing for the State submits that the communication dated 27/02/2026 is not an order rejecting the petitioner’s claim, rather the petitioner was merely directed to furnish certain supporting documents required for consideration of his request for withdrawal of part-final amount from the provident fund account. He submits that in the event, the petitioner furnishes the requisite documents, his application shall be considered and decided in accordance with law. 4. I have heard learned counsel for the parties and perused the documents available on record. 5. From perusal of the communication dated 27/02/2026, it appears that it is not an order rejecting the claim of the petitioner; rather, 3 the petitioner was asked to furnish certain requisite documents necessary for consideration of his request for withdrawal of part- final amount from his provident fund account. The petitioner has failed to demonstrate that the documents sought by respondent No.3/ Assistant Commissioner, Tribal Development Department, were ever submitted before the concerned authority. 6. In view of the above and considering the entire facts and circumstances of the case, particularly the fact that the impugned communication dated 27/02/2026 is not a rejection order, the petitioner is directed to submit all requisite documents, as sought for vide the impugned communication, before the concerned authority within a period of two weeks from today. In the event the petitioner submits the requisite documents, respondent No.3/ Assistant Commissioner, Tribal Development Department, shall consider and decide the petitioner’s claim for withdrawal of part- final amount from his provident fund account, if he is so entitled, within a further period of two weeks thereafter, in accordance with law. 7. With the aforesaid direction, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar