1 CGHC010253332026 2026:CGHC:28112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3520 of 2026 1 - Kanhaiya Lal Yadav S/o Shri Bhokoram Aged About 66 Years By Caste Ravat, R/o Village Limgaon, Tahsil Adbhar, District Sakti Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2 - Collector District Sakti Chhattisgarh. 3 - Sub Divisional Officer (R) Malkharoda, District Sakti Chhattisgarh. 4 - Tahsildar Malkharoda District Sakti Chhattisgarh. 5 - Smt. Yashoda Bai W/o Karam Singh Aged About 45 Years By Caste Gond, R/o Village Limgaon, Tahsil Adbhar, District Sakti Chhattisgarh. ... Respondents (Cause title is taken from CIS Periphery.) For Petitioner : Mr. Jeetram Patel, Advocate. For State : Mr. Soumitra Kesharwani, P.L. Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/07/2026 1. The petitioner has filed the instant petition for following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 21.05.2026 (Annexure P-1), passed by the respondents no. 3 i.e. Sub Divisional Officer (R) Malkharoda, District Sakti, (C.G.) in revenue case No. 202605311900008/ section- 40/2025-26, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased to hold that the memo dated 04.08.2017(Annexure P-4) issued/passed by the Tahsildar Malkharoda, District Janjgir-Champa (now Sakti), is an order passed by the competent authority and ought to have been considered while deciding the proceeding under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to remand the matter to the SDO (R) Malkharoda, Sakti for fresh consideration in accordance with law after considering the Tahsildar’s memo/order and the Patwari Report, in the interest of justice. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 3 2. Learned counsel for the petitioner submits that the petitioner has challenged the order dated 21.05.2026 (Annexure P-1) passed by the S.D.O. (Revenue), Malkharoda, District Sakti (C.G.), under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam. Hence this petition. 3. Learned counsel for the State submits that an efficacious alternative remedy of appeal is available to the petitioner before the concerned authority, which has not been availed. 4. At this stage, learned counsel for the petitioner seeks liberty to file appropriate order before the concerned authority. 5. Heard learned counsel for the parties and perused the material available on record. 6. Having considered the submissions made by learned counsel for the parties and in view of the availability of an efficacious alternative remedy of appeal before the concerned authority, this Court deems it appropriate to dispose of the present petition with a direction to the petitioner to file appropriate order before the concerned authority in accordance with law. 7. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju