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2026 DAILYLAW 37910 (CHH)

SMT. JAMUNA v. STATE OF CHHATTISGARH

WPC/4954/2026 · 2026-09-27

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010373132026 2026:CGHC:42064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4954 of 2026 1 - Smt. Jamuna W/o Sandeep Kumar Ghiritlahre Aged About 32 Years R/o Vill- Pandripali, Post Pendrawan Tah. Bilaigarh Distt- Balodabazar- Bhatapara (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, (C.G.) 2 - The Chief Executive Officer, Zila Panchayat Mahasamund Distt- Mahasamund (C.G.) 3 - The Chief Executive Officer, Janpad Panchayat Basna Distt- Mahasamund (C.G.) 4 - Shri Sandeep Kumar Ghiritlahre S/o Shri Bhagwat Prasad R/o Village Khapri Police Station Bhatapara Rural, Distt- Balodabazar- Bhatapara (C.G.) ... Respondent(s) ( Cause title taken from CIS Periphery) RUCHI YADAV Digitally signed by RUCHI YADAV 2 For Petitioner(s) : Ms. Mitisha Kotecha, Advocate For Respondent No.1/State : Dr. Arham Siddiqui, P.L. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/09/2026 1. By way of the present petition, the petitioner has prayed for following reliefs:- “a. Issue an appropriate writ, particularly a writ of mandamus, directing Respondent Nos. 1 to 3 to ensure effective implementation of the judgment dated 07.11.2023 passed by the Division Bench of this Hon'ble Court in F.A.(MAT) No.108/2022; b. Issue an appropriate writ, order or direction commanding the concerned respondents to consider and decide the petitioner's detailed representation dated 14.08.2026, submitted for implementation of the judgment dated 07.11.2023, payment of arrears, deduction of maintenance at source and proportionate enhancement of maintenance in accordance with paragraph 18 of the said judgment, by passing a reasoned and speaking order within a period as fixed by this Hon'ble Court, c. Direct the concerned respondents to implement the direction contained in paragraph 18 of the said judgment by ensuring deduction at source from the remuneration payable to Respondent No.5 and direct payment thereof to the petitioner; 3 d. Direct the respondents to give effect to the proportional enhancement the increase in the in maintenance corresponding salary/remuneration of Respondent No.5, strictly in accordance with the direction contained in paragraph 18 of the judgment, e. Award costs of the present petition in favour of the petitioner; f. Pass such other order or direction as this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submits that the Division Bench of this Court, in FA(MAT) No. 108 of 2022, vide order dated 07.11.2023, directed the respondent/husband to pay monthly maintenance of Rs. 8,000/- to the petitioner/wife. It was further directed that the said amount be deducted from the source of income of the respondent/husband and disbursed to the petitioner/wife. However, the said order has not been complied with. Despite the application submitted by the petitioner on 14.08.2026, the concerned Chief Executive Officer, Janpad Panchayat, Basna, District Mahasamund, has neither considered nor decided the same. Hence, the present petition has been filed by the petitioner. 3. Learned State counsel submits that respondent No.3 is the concerned authority in the matter. 4. Having heard learned counsel for the parties and having perused the material available on record, the concerned authorities, namely, the Chief Executive Officer, Janpad Panchayat, Basna, District Mahasamund, and the Chief Executive Officer, Zila Panchayat, 4 Mahasamund, are directed to consider and decide the application submitted by the petitioner in accordance with the order dated 07.11.2023 passed by the Division Bench of this Court in FA(MAT) No. 108 of 2022. The concerned authorities shall also take into consideration the order passed by the learned First Additional Principal Judge, Family Court, Raipur, whereby directions have been issued for disbursement of the maintenance amount payable to the petitioner by the respondent/husband. 5. It is observed that when an application seeking compliance of an order passed by this Court is submitted before the concerned authorities, the same ought to be considered and decided expeditiously. Keeping such an application pending without taking any decision thereon is not proper. 6. Accordingly, the concerned authorities are directed to consider and decide the petitioner's application within a period of 30 days from the date of receipt of a copy of this order and to pass an appropriate order in accordance with law including taking necessary steps for deduction of the maintenance amount from the salary of the respondent/husband and its disbursement to the petitioner, in terms of the orders passed by this Court. 7. The concerned Chief Executive Officer, Janpad Panchayat, Basna, District Mahasamund, shall ensure compliance of the order passed by this Court and shall submit a compliance report to the Registrar (Judicial) forthwith, along with an affidavit duly sworn by the concerned Chief Executive Officer. 5 8. It is made clear that failure to comply with the aforesaid directions within the stipulated period shall be viewed seriously and may invite appropriate orders against the concerned authority in accordance with law. 9. The petitioner is directed to apprise the concerned Chief Executive Officer, Janpad Panchayat, Basna, District Mahasamund, as well as the Chief Executive Officer, Zila Panchayat, Mahasamund, about the passing of this order and shall furnish them a copy of this order along with a copy of the application dated 14.08.2026. 10.With the aforesaid directions and observations, the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ruchi