1 2026:CGHC:15950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1273 of 2026 Mahendra Kumar Kashyap S/o Late Shri Rajkumar Kashyap, Aged About 36 Years R/o Ward No. 15, Village Mehanda, Post Kutra, Police Station Pamgarh, Tehsil Janjgir, District Janjgir Champa (C.G.) ... Petitioner. Versus 1 - State Of Chhattisgarh Through The Secretary, ,panchayat And Rural Development Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Collector, Janjgir Champa, District Janjgir Champa, (C.G.) 3 - Laxmikant Kashyap S/o Shri Shani Kumar Kashyap, Aged About 26 Years Panch Ward No. 15 Gram Panchayat Mehanda, Janpad Panchayat Nawagarh, R/o Ward No. 15, Village Mehanda, Post Kutra, Police Station Pamgarh, Tehsil Janjgir, District Janjgir Champa (C.G.) ... Respondents. (cause title downloaded from CIS Periphery) For Petitioner : Mr. Ramesh Nayak, Advocate. For Res No.1 & 2/ State : Mr. Anand Dadariya, Dy. AG. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 08/04/2026 Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.04.09 10:30:10 +0530 2 1. This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:- "10.1. That, the Hon'ble High Court may kindly be pleased to call for the entire records pertaining to the Case No. 202601060100002 / A-89(23)/ 2024-25, for its kind perusal. 10.2 That, the Hon'ble High Court be pleased to set aside and quash the impugned order dated 27/02/2026 passed by the respondent no. 02 in Case No. 202601060100002 / A-89(23)/ 2024-25, in the interest of justice. 10.3 That, the Hon'ble High Court may kindly be pleased to direct the respondent no. 02 to decide the application filed by the petitioner under section 36(3) C.G. Panchayat Raj Adhiniyam 1993 within a stipulated time period. 10.4 That, such other reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner in the interest of justice." 2. Learned counsel for the petitioner submits that Respondent No. 3 was elected as Panch of Ward No. 15, Gram Panchayat Mehanda, Janpad Panchayat Nawagarh, District Janjgir-Champa, in the election held in January 2025. He further submits that Respondent No.3 has encroached upon Government land situated in Village Mehanda, bearing Khasra No. 710/1A, admeasuring 0.50 acres. Hence, the petitioner filed an application under Section 36(3) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, however, the same was dismissed by the Collector, Janjgir-Champa, on 27.02.2026 (Annexure-P/6) observing that the aforementioned provision does not apply to the facts of the case, as Respondent No. 3 is not in personal possession of the land, rather, his father, Sunny Kumar Kashyap, holds joints possession. Counsel further submits that Respondent No.3 and his father 3 reside in the same house as a joint family. Despite this, the application was rejected by the Collector, which the petitioner contends is contrary to law. Hence, it is prayed that this petition be admitted for hearing. 3. On the other hand, learned State counsel submits that the impugned order dated 27.02.2026 is appealable before the Divisional Commissioner under Section 91 of the CG Panchayat Raj Adhiniyam, 1993 read with Rule 3 of the CG Panchayats (Appeal and Revision) Rules, 1995. Thus, in view of efficacious alternative remedy available to the petitioner, this writ petition is not maintainable. 4. Having considered the submission of the learned State counsel and perusing the impugned order, this Court is not inclined to entertain this writ petition at this stage, as an efficacious alternative remedy is available to the petitioner to challenge the said impugned order. However, liberty is reserved in favor of the petitioner to avail the alternative remedy before the Divisional Commissioner under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, read with Rule 3 of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995. 5. Accordingly, the writ petition is disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay