1 CGHC010311912026 2026:CGHC:35872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4203 of 2026 Chhat Ram Kashyap S/o Shri Jagdish Prasad Kashyap Aged About 41 Years Sarpanch, Gram Panchayat - Mahant, Janpad Panchayat - Nawagarh, Police Station And Tahsil Nawagarh, District Janjgir-Champa Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Distt Raipur Chhattisgarh 2 - The Collector District Janjgir Champa Chhattisgarh 3 - The Sub Divisional Officer (Rev.) Sub Division Janjgir, District Janjgir-Champa Chhattisgarh 4 - The Chief Executive Officer Janpad Panchayat Nawagarh, District Janjgir-Champa Chhattisgarh 5 - Venketeswaraditya Pradhan S/o Shri Johan Lal Pradhan Aged About 50 Years R/o Village Mahan, Tahsil Nawagarh, District Janjgir-Champa Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Rajkumar Gupta, Additional Advocate General Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 13.08.2026 1. By filing the present petition under Article 226 of the Constitution of India, the petitioner calls in question the legality, validity, and YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.13 17:56:59 +0530 2 propriety of the impugned charge-sheet / notice dated 17.07.2026 (Annexure P-1) issued by respondent No. 3—Sub-Divisional Officer (Revenue), Janjgir, District Janjgir-Champa—in Revenue Case No. 202606060300034/A-89(8)/2025-26 (Venketeswaraditya Pradhan Vs. Chhatram Kashyap), whereby as many as five charges have been framed against the petitioner for initiation of proceedings under Sections 39 and 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. The petitioner has prayed for following relief(s):- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, the Hon'ble Court be pleased to issue a writ / writs, order or orders to quash the charge sheet dated 17.07.2026 (Ann P-1) issued by the Respondent No.03, in the interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner is an elected Sarpanch of Gram Panchayat Mahant, Janpad Panchayat Nawagarh. It is contended that the petitioner, acting strictly within his official capacity and duty, had issued show-cause notices (Annexure P-2 Colly) to certain unauthorized occupants/ shopkeepers directing them to produce title documents and 3 deposit long-pending rent. Upon their refusal to accept the notices, the Gram Panchayat in its collective wisdom passed a formal resolution (Annexure P-5) and sealed the commercial shops. It is urged that the petitioner has not committed any misconduct nor acted in excess of his statutory duties. Rather, the impugned charge-sheet dated 17.07.2026 was issued maliciously at the behest of private respondents without any prima facie evidence demonstrating that the petitioner's continuation in office is detrimental to public interest. Therefore, the initiation of proceedings under Sections 39 and 40 of the Adhiniyam, 1993 is wholly arbitrary and liable to be quashed. 3. On the other hand, learned State counsel opposes the prayer and submits that statutory proceedings have merely been initiated by issuance of a show-cause charge-sheet based on an inquiry report dated 14.05.2026 (Annexure P-4). It is submitted that full opportunity of hearing will be afforded to the petitioner in accordance with law. All contentions and factual defenses raised in the present writ petition can very well be submitted before the competent authority (Sub-Divisional Officer, Revenue) where the adjudication is currently pending. Therefore, the present writ petition against a mere show-cause charge-sheet is premature and lacks merit. 4. I have heard learned counsel for the respective parties and perused the material available on record. 4 5. Considering the matter in its entirety, particularly the statutory mandate of Sections 39 and 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, it appears that upon receipt of complaints, an inquiry was conducted and a report dated 14.05.2026 (Annexure P-4) was submitted, leading to the framing of charges against the petitioner. The matter is currently at the stage of reply and inquiry before the Sub-Divisional Officer (Revenue), who is under a statutory obligation to afford due opportunity of hearing and follow the principles of natural justice. 6. Since the proceedings are pending at the threshold before the competent statutory authority, this Court does not find it inclined to intercede at this premature stage. However, the petitioner is at liberty to file a detailed, comprehensive reply/explanation along with all supporting documentary evidence and resolutions before respondent No. 3 (Sub-Divisional Officer, Revenue), Janjgir, District Janjgir-Champa (C.G.). 7. Upon filing of such reply/explanation, respondent No. 3 is directed to consider and decide the pending proceedings strictly in accordance with law, adhering to the statutory requirements and procedural safeguards enshrined under Sections 39 and 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. Respondent No. 3 shall afford full opportunity of hearing, including the liberty to adduce oral and documentary evidence, and pass a reasoned and speaking order within a reasonable period. 5 8. It is made clear that this Court has not expressed any opinion on the merits of the case, and the competent authority shall decide the proceedings strictly on its own merits, uninfluenced by any observations made herein. 9. With the aforesaid directions and observations, the instant writ petition stands disposed of. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh