1 CGHC010279272026 2026:CGHC:31487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3829 of 2026 1 - Mahavir Sahu S/o Sukhram Sahu Aged About 60 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 2 - Ramchandra S/o Tularam Sahu Aged About 50 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 3 - Devgan Ram S/o Aghnu Ram Mehar Aged About 55 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 4 - Maksudan S/o Sukul Sahu Aged About 60 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 5 - Khuman Lal S/o Parmanand Sahu Aged About 38 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 6 - Champa Bai W/o Lileshwar Sah Aged About 37 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 7 - Ragghu S/o Sukhram Sahu Aged About 65 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.). 8 - Chandrahas S/o Ragghu Sahu Aged About 60 Years R/o Village Mura, Tehsil Kurud, District- Dhamtari (C.G.) ... Petitioners Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Versus 1 - State of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.). 2 - Collector Dhamtari District Dhamtari (C.G.). 3 - Sub Divisional Officer Kurud District Dhamtari (C.G.). 4 - Naib Tehsildar Kurud District Dhamtari (C.G.). 5 - Sarpanch Gram Panchayat Mura, Tehsil- Kurud, District Dhamtari (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioners : Mr. Sourabh Sonwani, Advocate. For State : Dr. Arham Siddiqui, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/07/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents for its kind perusal. 10.2) That, the Hon'ble Court may kindly be pleased to allow this petition and issue direction to the respondent no. 3 to decide the application u/s 40 of panchayat raj adhiniayam filed by the petitioners before the respondent no justice. 3, in the interest of justice. 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 3 2. Learned counsel for the petitioner submits that the petitioners have approached this Court with the limited grievance that the villagers and members of Gram Panchayat Mura, Tehsil Kurud, District Dhamtari (C.G.), have submitted an application under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 seeking initiation of proceedings against the Sarpanch for allegedly failing to discharge his statutory duties in accordance with law. It is submitted that although the application was filed on 25.03.2026 before the competent authority, namely the Sub- Divisional Officer, Kurud, District Dhamtari (C.G.), no action has been taken thereon till date. 3. Learned State counsel submits that the application appears to have been filed on 25.03.2026 and, if the same is still pending, the competent authority, namely the Sub-Divisional Officer, is competent to consider and decide the said application by passing an appropriate order in accordance with law. 4. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 provides a statutory mechanism for considering allegations against a Sarpanch and taking appropriate action in accordance with law. The relevant provision reads as follows: " यह कि पंचायतराज अधिकियम अुसार ग्राम पंचायत ा प्रधितकिी जो कि सरपंच े पद पर आसी हो, शासीय भुकिम पर अवै अधितक्रमण हीं र सता, यकिद उसा अधितक्रमण पाया जाता है तो वह पद पर बे रहे योग्य हीं है। इस ारण से अावेद राे श साहू 4 ो सरपंच पद से हटाया जावे। उक्त अधितक्रमण े संबं में सप्रमाण दस्तावेज आवेद पत्र े साथ संलग्न है।" 5. In view of the aforesaid and considering the allegation that the Sarpanch of Gram Panchayat Mura, Tehsil Kurud, District Dhamtari (C.G.), has encroached upon Government land, this Court is of the opinion that the matter requires consideration by the competent authority in accordance with the procedure prescribed under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. Accordingly, the concerned S.D.O is directed to consider the application and to initiate proceeding against the concerned Sarpanch and give him an opportunity of hearing to lead evidence and thereafter to pass appropriate orders in accordance with law. It is made clear that the petitioners are also required to be given opportunity of hearing, as they are the complainants in this case. It is made clear that this Court has not expressed any opinion on the merits of the allegations, and all issues are left open to be decided independently by the competent authority in accordance with law. 6. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju