1 CGHC010340822022 2026:CGHC:34496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4527 of 2022 1 - Kamlavati W/o Durga Charan Singh Aged About 42 Years Sarpanch Of Gram Panchayat Banja, Janpad Panchyat, Bhaiyathan, District, Surajpur, Chhattisgarh R/o Village Banja, P.O. Banja, P.S. Surajpur, District : Surajpur, Chhattisgarh 2 - Narendra Kumar Kushwah S/o Late Dadan Ram Kushwaha Aged About 35 Years Up Sarpanch Of Gram Panchayat Banja, Janpad Panchyat, Bhaiyathan, District, Surajpur, Chhattisgarh R/o Village Banja, P.O. Banja, P.S. Surajpur, District : Surajpur, Chhattisgarh 3 - Rupan Ram S/o Kishun Ram Aged About 65 Years R/o Village Banja, P.O 4 - Bedprakash S/o Dadairam Aged About 60 Years R/o Village Banja, P.O. Banja, P.S. Surajpur, District : Surajpur, Chhattisgarh ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary Tribal Development Department Indravati Bhawan, Atal Nagar, Nawa Raipur P.S. And P.O. Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Tribal Development Department Indravati Bhawan, Atal Nagar, Nawa Raipur, P.S. And P.O. Raipur, District : Raipur, Chhattisgarh 3 - Assistant Commissioner Tribal Development Department Surajpur P.S. And P.O. Surajpur, District : Surajpur, Chhattisgarh 2 4 - Collector / President Jila Stariya Aadim Jati Kalyan Awasiya Aiwam Aashram Shaikchhnik Sansthan Samiti, District Surajpur, P.S. And P.O. Surajpur, District : Surajpur, Chhattisgarh 5 - Office Of Collector (Tribal Development Department) Through Collector Surajpur, P.S And P.O. Surajpur, District : Surajpur, Chhattisgarh 6 - Collector Surguja Ambikapur P.S. And P.O. Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 7 - Sub Divisional Officer (Revenue) Sub Division Bhiyathan, P.S And P.O. Bhiayathan, District : Surajpur, Chhattisgarh 8 - Tahsildar Bhiyathan P.S. And P.O. Bhaiyathan, Tahsil Bhiayathan, District : Surajpur, Chhattisgarh 9 - Eklovya Aadarsh Awasiya Vidyalaya Shivprasad Nagar (Banja), Surajpur, Through Principal , P.S. Surajpur, P.O. Bhiayathan, District : Surajpur, Chhattisgarh 10 - Principal Eklovya Aadarsh Awasiya Vidyalaya Shivprasad Nagar (Banja), P.S. Surajpur, P.O. Bhiayathan, District : Surajpur, Chhattisgarh 11 - Secretary (Sachiv) Gram Panchayat Banja Janpad Panchayat Bhaiyathan P.S. Surajpur P.O. Bhiyathan, District : Surajpur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Priyanka Mehta, Advocate For Respondent (s) : Mr. Abhyuday Triapathi, P.L. HON’BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD ORDER ON BOARD 06.08.2026 1. Learned counsel for the petitioner submits that the concerned Gram Panchayat has filed the present petition raising an objection that the land allotted vide orders dated 27.02.2009 and 3 07.07.2022 was allotted without considering the interest of the Gram Panchayat and without taking into account the fact that the said grassland had been allotted in favour of the concerned Eklavya Adarsh Aawasiya Vidyalaya. It has further been contended that the school building has already been constructed on a different parcel of land. It is also submitted that the Principal of the concerned Eklavya Adarsh Aawasiya Vidyalaya had submitted an application dated 07.07.2022 before the Sub- Divisional Officer (Revenue) regarding the allotment of the said land, and, being aggrieved, the petitioner has filed the present writ petition. 2. Learned counsel for the petitioner further submits that since the school building has already been constructed on another parcel of land, the requirement of the school for the disputed land no longer exists. It is submitted that the aforesaid application dated 07.07.2022 has not been considered by the authorities. It is further submitted that a Primary Health Centre, a Paddy Procurement Centre, a market, and a cattle shed are situated on the disputed land and, therefore, the said land ought not to be allotted in favour of the Eklavya Adarsh Aawasiya Vidyalaya. 3. Learned State counsel submits that a return has already been filed, wherein the competency of the Gram Panchayat to challenge the allotment orders has been questioned. However, considering the submission of learned counsel for the petitioner that the building of the Eklavya Adarsh Aawasiya Vidyalaya has 4 already been constructed on a different parcel of land, it is submitted that the petitioner may file an appropriate representation before the competent authority, which shall be considered in accordance with law. 4. Having heard learned counsel for the parties, considered the facts and circumstances of the case, and perused the material available on record, this petition is disposed of with a direction to the petitioner-Gram Panchayat to raise the dispute before the competent authority by way of an appropriate representation, specifically bringing to its notice the fact that the building of the Eklavya Adarsh Aawasiya Vidyalaya has already been constructed on another parcel of land and, therefore, there may no longer be any necessity for allotment of the disputed land to the said school. The petitioner shall also point out that a Primary Health Centre, a Paddy Procurement Centre, and a cattle shed already exist on the said land. The competent authority shall consider all these aspects in accordance with law after affording an opportunity of hearing to the petitioner-Gram Panchayat and all other affected parties. 5. Accordingly, the petitioner-Gram Panchayat is directed to submit an appropriate representation/application before the competent authority incorporating all the aforesaid facts. Upon receipt of such representation, the competent authority shall consider and decide the same objectively and in accordance with law. 5 6. It is made clear that this Court has not expressed any opinion on the merits of the case. The observations made herein are only for the purpose of disposal of the present petition on the basis of the submissions advanced by learned counsel for the parties. 7. The petitioner shall submit the aforesaid representation/application within 15 days from the date of receipt of a copy of this order. Upon receipt thereof, the competent authority shall consider and decide the same by passing a reasoned and speaking order within 60 days, in accordance with law. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Saurabh