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2026 DAILYLAW 35160 (CHH)

GRAM PANCHAYAT- BELADULA v. STATE OF CHHATTISGARH

WA/824/2026 · 2026-09-08

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 CGHC010298702026 2026:CGHC:39476-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 824 of 2026 1 - Gram Panchayat- Beladula Tahsil- Jaijaipur, District- Sakti (C.G.) Through - Sarpanch- Neera Bai Saidar, Wife Of Shri Shiv Narayan Sidar, Aged About 43 Years, Jaijaipur, District- Sakti (C.G.). 2 - Gram Panchayat - Beladula, Tahsil Jaijaipur, District- Sakti (C.G.) Through Secretary, Santosh Banjare S/o Late Sukutram Banjare Aged About 40 Years, Gram Panchayat- Beladula, Tahsil- Janjgir Champa, District- Sakti (C.G.) ... Appellants versus 1 - State of Chhattisgarh through the Secretary Ministry of Agriculture Fisheries Department Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur C.G. 2 - Collector Janjgir, District- Janjgir-Champa (C.G.). 3 - Assistant Director Fisheries Janjgir, District- Janjgir-Champa (C.G.). 4 - Chief Executive Officer Zila Panchayat Sakit, District- Sakti (C.G.). 5 - Chief Executive Officer Janpad Panchayat- Jaijaiur, District- Sakti (C.G.). 6 - Deputy Director Fisheries Janjgir, District- Janjgir-Champa (C.G.). 7 - Sub Divisional Officer (Rev.), Sub Division Sakti, District- Sakti (C.G.). 8 - Prem Machhuva Sahkari Samiti Maryadit, Beladula, Block Jaijaipur, District- Janjgir-Champa, (Now District- Sakti), Through Its President Riban Bhardwaj, Wife Of Prem Lal Aged About 40 Years, R/o Village- Beladula, Block- Jaijaipur, District- Janjgir-Champa (Now District- Sakti) (C.G.). ... Respondents For the Appellants : Mr. T.K. Jha, Sr. Advocate along with Mr. Yogesh Chandra, Advocate 2 For Respondents/ State : Mr. Praveen Das, Additional Advocate General For Respondent No.8 : Mr. Ishwar Jaiswal, Advocate CORAM: Hon’ble Shri Krushna Ram Mohapatra, Chief Justice Hon’ble Shri Sanjay Kumar Jaiswal, Judge Order on Board 09/09/2026 Per K. R. Mohapatra, Chief Justice 1. This intra court appeal has been filed against the order dated 02.07.2026 passed by the learned Single Judge in WPC No. 3365 of 2026 wherein direction has issued to the appellants for compliance of the order dated 31.03.2025 issued by the Deputy Director of Fisheries, District Sakti to execute the agreement with respondent no.8 (Writ Petitioner-Society). 2. Shri T. K. Jha, learned Senior Advocate appearing for the appellant submits that the writ petition was disposed off on the first day of its listing, without providing any opportunity to the appellants. He, therefore, submits that the appellants may be provided with an opportunity of hearing before the learned Single Judge. 3. Learned counsel appearing for respondent no.8 (writ petitioner) vehemently objects to the same and submits that providing opportunity to the appellants would be an empty formality as the appellants are required to comply with the order dated 31.03.2025 issued by the Deputy Director of Fisheries whereby permission was accorded for grant of lease in favour of respondent No.8-Society. The appellant-Gram Panchayat could have 3 challenged the said order, If they felt aggrieved. Thus the writ appeal merits no consideration. 4. Mr. Praveen Das, learned Addl. Advocate General, also submits that the learned Single Judge taking into consideration the inaction of the appellants in implementing the order dated 31.3.2025 issued by the Deputy Director of Fisheries has passed the impugned order. 5. Without entering into the merits of the contentions raised by the learned counsel for the parties, this Court feels that if the petitioner has any grievance of lack of opportunity of hearing, he could have raised the same before the learned Single Judge. 6. In view of the the above, this writ appeal is disposed off with an observation that the appellant, if so advised, may file a properly constituted review petition before the concerned Single Judge for review of the order impugned herein. Sd/- Sd/- (Sanjay Kumar Jaiswal) Judge (Krushna Ram Mohapatra) Chief Justice Rao ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.09.10 14:17:50 +0530