Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 29549 (CHH)

BIHARI LAL SONI v. STATE OF CHHATTISGARH

WPC/4375/2022 · 2026-07-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010326432022 2026:CGHC:31680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4375 of 2022 1 - Bihari Lal Soni S/o Late Shri Khyali Ram Soni Aged About 77 Years Working As Social Activist R/o Darri Road Korba, District : Korba, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mantralaya Mahanadi Bhawan, Police Station And Post Rakhi Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 2 - The Collector Korba, District : Korba, Chhattisgarh. 3 - The Chief Executive Officer Jila Panchayat Korba, District : Korba, Chhattisgarh. 4 - The Chief Executive Officer Janpad Panchayat Korba, District : Korba, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ajay Kumar Barik, Advocate. For Respondent(s)/State : Mr. Soumitra Kesharwani, Panel RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Lawyer. For Respondent No. 4 : Mr. Vedant Shedangi, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to direct to the respondent authorities to initiated recovery proceedings from the Nodal Agencies and if they fail, then criminal proceeding will be initiated against them. 10.2 Any other relief this Hon'ble Court deem fit just and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Learned counsel appearing for the petitioner submits that, despite having submitted several representations and applications before the competent authorities alleging serious irregularities and misappropriation of public funds in the execution of various developmental works undertaken within the concerned Gram Panchayat, no effective action has been taken against respondent No. 4. It is contended that the authorities have failed to discharge their statutory obligations by not initiating appropriate proceedings against the persons responsible for the alleged financial irregularities. The petitioner, therefore, seeks issuance of an appropriate direction to the competent authorities to initiate and 3 conclude proceedings, in accordance with law, against the nodal agency, namely, the Sarpanch and the Secretary of the Gram Panchayat. 3. Per contra, learned counsel appearing for respondent No. 4 submits that the grievance raised by the petitioner no longer survives for consideration, as appropriate proceedings have already been initiated by the competent authority. In support of the said submission, reliance has been placed upon the documents brought on record, which demonstrate that the Sub-Divisional Officer (Revenue), Korba, has already commenced the requisite proceedings in respect of the allegations made by the petitioner. It is, therefore, contended that since the competent authority has already taken cognizance of the matter and initiated action, the relief sought in the present writ petition stands substantially redressed and, consequently, the petition has become infructuous. 4. At this stage, learned counsel for the petitioner fairly submits that the petitioner would be satisfied if he is granted liberty to approach the competent authority by filing an appropriate application along with all relevant documents and materials in his possession in support of the allegations raised in the present petition. It is further submitted that a direction may be issued to the concerned authority to consider the said documents and conclude the pending proceedings expeditiously and strictly in accordance with law. 4 5. I have heard learned counsel for the respective parties at length and have carefully perused the pleadings, documents placed on record, and the material available before this Court. 6. Having regard to the facts and circumstances of the case, particularly in view of the submission made on behalf of respondent No. 4 that proceedings have already been initiated by the competent authority, this Court is of the considered opinion that no further adjudication is warranted in the present writ petition. Accordingly, the petition stands disposed of with liberty reserved to the petitioner to file an appropriate application along with all supporting documents before the competent authority. In the event such an application is filed, the concerned authority shall duly consider the same, take into account all documents and materials produced by the petitioner, and thereafter proceed to conclude the pending proceedings by passing a reasoned and speaking order, strictly in accordance with law, as expeditiously as possible. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat