1 2026:CGHC:27502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 778 of 2023 Smt. Durpati Sahu W/o Shri Narayan Sahu Aged About 45 Years Ex- Sarpanch Of Village Panchayat Mudpar (Khi), R/o Village - Mudpar, Tahsil - Nawagarh, Civil And Revenue District - Janjgir - Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat, Mahanadi Bhawan, New Raipur (C.G.) 2 - The Collector Janjgir, Civil and Revenue District - Janjgir - Champa (C.G.) 3 - The Sub Divisional Officer (Revenue) Janjgir, Civil And Revenue District - Janjgir -Champa (C.G.) 4 - The Chief Executive Officer Zila Panchayat Janjgir cum Member Secretary Zila Swachchha Bharat Mission (Gramin) Management Committee, Janjgir, Civil And Revenue District - Janjgir - Champa (C.G.) 5 - The Chief Executive Officer Janpad Panchayat Nawagarh, Civil And Revenue District - Janjgir - Champa (C.G.) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.04 16:18:21 +0530 2 6 - Heera Suryawanshi Block Co - ordinator cum Inquiry Officer, Janpad Panchyat Nawagarh, Civil And Revenue District - Janjgir - Champa (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Paras Mani Shriwas, Advocate For Respondent/ State For Respondent No.6 : : Mr. Soumitra Kesharwani, Panel Lawyer Mr. Suyesh Gupta, Advocate on behalf of Mr. K. Shakeel, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/07/2026 1. By way of this petition, the petitioner seeks the following reliefs: (i) That, the Hon'ble Court may kindly be pleased to call the entire record from the respondents authorities. (ii) That, the Hon'ble Court may kindly be pleased to quash/Set-aside the order of recovery/Demand Notice (Annexure P-1) issued by Responded No. 3/ The Sub Divisional Officer (Rev.) Janjgir, District Janjgir-Champa (C.G.). (iii) That, the Hon'ble Court may kindly be pleased to direct the concern responded authority may be done a fresh inquiry in presence of the petitioner as well as the in presence of the entire Villager's. (iv) That, the Hon'ble Court may kindly be pleased to direct the concern responded authority may be given proper opportunity of hearing to the petitioner and thereafter passed fresh recovery order against the responsible person. 3 (v) Any other relief, which may be deemed fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the show cause notice issued against her in the capacity of Sarpanch of the concerned Village, regarding the alleged misappropriation of funds amounting to Rs.5,81,800/- allocated for the construction of toilets. By the said show cause notice, the petitioner was directed to appear before the concerned SDO(R), Janjgir on 8.2.2023 in order to put-forth her reply. He further submits that the show cause notice has been issued arbitrarily and without any justifiable cause, compelling the petitioner to file the instant petition. The petitioner has also brought on record various documents to show that no case is made out against her. 3. Per contra, learned counsel for the State submits that since only a show cause notice has been issued to the petitioner, the instant writ petition is not maintainable. He submits that the petitioner ought to file her reply before the authority concerned in accordance with law. In turn, the said authority shall consider the same and proceed under Section 92 of the Chhattisgarh Panchayat Raj Adhiniyiam (in short “Adhiniyam”). The petitioner will be given due opportunity of hearing, with ample opportunity to rely upon the relevant documents, adduce oral and documentary evidence and examine witnesses in support of her case and 4 ultimately, the authority will decide the matter in accordance with law. 4. Learned counsel for respondent No.6 submits that a preliminary enquiry reveals the embezzlement of funds allocated for construction of toilets, therefore, the impugned show cause notice was rightly issued. He further submits that the petitioner may appear before the concerned authority, where she will be afforded a due opportunity of hearing and thereafter, the matter shall be considered and decided in accordance with law. 5. Having heard learned counsel for the parties and upon perusal of the record, this Court is of the view that the provisions contained in Section 92 of the Panchayat Raj Adhiniyam (in short “the Adhiniyam”), contemplate a procedure for recovery of dues. Under this provision, a show cause notice must first be issued to the party concerned and their reply obtained. The concerned party would be at liberty to place relevant material on record by way of both oral and documentary evidence, whereafter the proceedings are to be concluded by the competent authority after affording a due opportunity of hearing. 6. Furthermore, since only a show cause notice has been issued in the present case, the petitioner is directed to file her reply and appear before the SDO(R), Janjgir. In turn, the concerned SDO(R) shall proceed further in accordance with law after providing a proper opportunity of hearing to the petitioner. 5 7. Until the culmination of the said proceedings under Section 92 of the Adhiniyam, the respondent authorities are directed not to take any coercive action against the petitioner. 8. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay