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2026 DAILYLAW 26762 (CHH)

SUKHMANIYA v. STATE OF CHHATTISGARH

WPC/3669/2026 · 2026-07-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010258822026 2026:CGHC:29879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3669 of 2026 Sukhmaniya W/o Late Laxman Oraon Aged About 63 Years R/o Bhagwanpur Khurd, P.O.- Raghavpuri, Ambikapur, Distt.- Surguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Ministry At Mahanadi Bhawan, New Raipur Atal Nagar, Distt.- Raipur (C.G.) 2 - Collector, Ambikapur Distt.- Surguja (C.G.) 3 - Chief Executive Officer Janpad Panchayat Ambikapur Janpad- Ambikapur, Distt.- Surguja (C.G.) 4 - Secretary Gram Panchayat-Bhagwanpur Khurd, Tahsil And Janpad- Ambikapur, Distt.- Surguja (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jai Prakash Shukla, Advocate For State-Respondents : Mr. S.S. Choubey, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 15.07.2026 1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has sought a direction to the respondent authorities for furnishing an authenticated/certified YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.15 18:26:40 +0530 2 copy of the Gram Sabha resolution pertaining to her claim of long, continuous and peaceful possession over the land bearing Khasra No.291 admeasuring 20 dismil, Khasra No.296 admeasuring 0.0600 hectare, Khasra No.297 admeasuring 0.0700 hectare and Khasra No.300 admeasuring 20 dismil, or, in the alternative, for deciding her pending representations in accordance with law. The petitioner has prayed for following relief(s) :- “10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2 The Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari/ prohibition/ mandamus, directing the respondent authorities to decide petitioner's pending representation (Annexure P/3) pertaining to claim of demand of gram Sabha resolution certified copy/authentic copy pertaining to questioned land in accordance with law assigning valid reason within stipulated time period and alternatively to direct the respondent authorities to provide authentic/certified copy of gram sabha resolution pertaining to questioned land withing stipulated time period, and further to pass any other relief(s) which it deems fit along with cost of the petition in the interest of justice.” 2. Learned counsel appearing for the petitioner submits that the petitioner is a landless tribal woman belonging to Village 3 Bhagwanpur Khurd, Tahsil Ambikapur, District Surguja, who has been in long, continuous and peaceful possession of the subject lands since time immemorial. It is submitted that the petitioner's possession was authenticated by the Sarpanch of the concerned Gram Panchayat by issuance of a possession certificate, whereafter the matter was placed before the Gram Sabha and a resolution recognizing the petitioner's possession was passed. Learned counsel would submit that for pursuing her claim for grant of lease and for other consequential proceedings, the petitioner requires an authenticated/certified copy of the said Gram Sabha resolution. It is further submitted that despite submitting representations dated 05.05.2026 and 08.06.2026 before the Secretary, Gram Panchayat Bhagwanpur Khurd and the Chief Executive Officer, Janpad Panchayat, Ambikapur, respectively, requesting issuance of the certified copy of the Gram Sabha resolution, no action has been taken till date. It is, therefore, prayed that an appropriate direction be issued to the competent authority to furnish the certified copy of the Gram Sabha resolution within a stipulated period. 3. Learned State counsel submits that the grievance raised by the petitioner substantially pertains to the records maintained by the concerned Gram Panchayat. It is submitted that the State authorities have been arrayed only as formal parties and the relief sought can appropriately be considered by the concerned Gram Panchayat, which is the custodian of the relevant records. 4 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the nature of the grievance raised in the present writ petition, this Court finds that the petitioner has placed on record copies of the representations along with postal receipts. However, there is nothing on record to conclusively demonstrate that the said representations were actually received by the concerned Gram Panchayat. Since the relief sought by the petitioner pertains to obtaining a certified/authenticated copy of the Gram Sabha resolution, the petitioner ought to approach the concerned Gram Panchayat directly by submitting an appropriate application. 6. Accordingly, without expressing any opinion on the merits of the petitioner's claim regarding possession or entitlement over the subject land, the present writ petition is disposed of with liberty to the petitioner to submit a fresh application before the Secretary, Gram Panchayat Bhagwanpur Khurd, District Surguja, enclosing a copy of this order seeking issuance of the certified/authenticated copy of the Gram Sabha resolution. In the event such an application is submitted, the concerned Gram Panchayat shall consider the same and, if the requested document is available in its records and there is no legal impediment, furnish the certified copy thereof to the petitioner, or otherwise pass an appropriate order in accordance with law, within a period of 30 days from the date of receipt of such application. 5 7. With the aforesaid observations and directions, the instant writ petition stands disposed of. Sd/-- Sd/- (Amitendra Kishore Prasad) Judge Yogesh