Onkar Patel vs State Of Chhattisgarh on 10 July, 2025

Chattisgarh High Court

Onkar Patel vs State Of Chhattisgarh on 10 July, 2025

                                                          1




                                                                            2025:CGHC:31900




                                                                                        NAFR
                                HIGH COURT OF CHHATTISGARH, BILASPUR


                                                  WPC No. 3541 of 2025

                            1 - Onkar Patel S/o Shri Thakurram Patel Aged About 39 Years Bdc
                            And Vice President Of Janpad Panchayat Baramkela, Constituency No.
                            08, R/o Village- Kandola, Janpad Panchayat Baramkela, District-
                            Sarangarh-Bilaigarh (C.G.)

                            2 - Yuvraj Chaudhary S/o Shri Tejram Chaudhary Aged About 41 Years
                            Bdc Of Janpad Panchayat Baramkela, Constituency No. 01, R/o
                            Village- Salheona, Janpad Panchayat Baramkela, District- Sarangarh-
                            Bilaigarh (C.G.)

                            3 - Smt. Pooja Chauhan W/o Shri Santosh Chauhan Aged About 27
                            Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 03, R/o
                            Village- Bilaigarh (A) Salheona, Janpad Panchayat Baramkela,
                            District- Sarangarh-Bilaigarh (C.G.)

                            4 - Smt. Subhashini Barik W/o Shri Gautam Barik Aged About 49
                            Years Bdc Of Janpad Panchayat Baramkela, Constituency No. 04, R/o
                            Village- Lipti, Janpad Panchayat Baramkela, District- Sarangarh-
                            Bilaigarh (C.G.)
         Digitally signed
         by VASANT
VASANT KUMAR
                            5 - Tarachand Patel S/o Shri Fagulal Patel Aged About 51 Years Bdc
       Date:
KUMAR 2025.07.10
         15:26:37
         +0530



                            Of Janpad Panchayat Baramkela, Constituency No. 13, R/o Village-
                            Vikrampali, Janpad Panchayat Baramkela, District- Sarangarh-
                            Bilaigarh (C.G.)

                            6 - Smt. Dhaneshwari Kanhaiya Lal Sarthi W/o Shri Kanhaiya Lal
                            Sarthi Aged About 21 Years Bdc Of Janpad Panchayat Baramkela,
                            Constituency No. 18, R/o Village- Lendra, Janpad Panchayat
                            Baramkela, District- Sarangarh-Bilaigarh (C.G.)

                            7 - Smt. Girja Patel W/o Shri Dileshwar Patel Aged About 40 Years
                                 2




Bdc Of Janpad Panchayat Baramkela, Constituency No. 19, R/o
Village- Semikhurd, Janpad Panchayat Baramkela, District- Sarangarh-
Bilaigarh (C.G.)

8 - Smt. Neelam Patel W/o Shri Kishore Patel Aged About 45 Years
Bdc Of Janpad Panchayat Baramkela, Constituency No. 20, R/o
Village- Chhuhipali, Janpad Panchayat Baramkela, District- Sarangarh-
Bilaigarh (C.G.)

9 - Smt. Shakuntala Shrivas W/o Shri Durga Prasad Shrivas Aged
About 39 Years Bdc Of Janpad Panchayat Baramkela, Constituency
No. 23, R/o Village- Dulopali, Janpad Panchayat Baramkela, District-
Sarangarh-Bilaigarh (C.G.)

10 - Smt. Shusila Bariha W/o Shri Sampat Bariha Aged About 43 Years
Bdc Of Janpad Panchayat Baramkela, Constituency No. 24, R/o
Village- Joganipali, Janpad Panchayat Baramkela, District- Sarangarh-
Bilaigarh (C.G.)
                                                  ... Petitioner(s)

                                versus

1 - State Of Chhattisgarh Through - The Secretary, Department Of
Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan,
Atal Nagar, Nawa Raipur (C.G.)

2 - The Collector District- Sarangarh-Bilaigarh (C.G.)

3 - Zila Panchayat Sarangarh-Bilaigarh Through - Its Chief Executive
Officer, District- Sarangarh-Bilaigarh (C.G.)

4 - Janpad Panchayat Baramkela Through - Its Chief Executive Officer,
District- Sarangarh-Bilaigarh (C.G.)
                                                    ---- Respondents

For Petitioners : Mr. Roop Ram Naik, Advocate
For State : Ms. Upasana Mehta, Dy. GA

Hon’ble Shri Justice Arvind Kumar Verma

Order on Board
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10/07/2025

Heard.

1. By way of the present petition, the petitioner is challenging the

resolution dated 23.06.2025 passed by respondent No.4, wherein

the said respondent has approved the development projects for the

other Village Panchayats, however, the projects proposed by the

petitioners for the Village Panchayat falling under their

Constituencies have not been approved.

2. Learned counsel for the petitioner would contend that as per

Article 38 and 39 equitable distribution of resources is a

constitutional guarantee, which includes equitable distribution of

developmental funds, therefore, depriving the Gram Panchayat of

the constituencies of the petitioners is in violation of these

provisions. He would next contend that the funds issued on the

recommendations of the 15th Finance Commission are revenues

collected by way of direct and indirect taxes from the people of

State including the people living in the constituencies represented

by the petitioners as such denying the people from their part and

share of development which is to be done from the taxes collected

from the people of the concerned area, therefore, it is prayed that

Respondents may be directed to distribute the grant in received

under recommendation of 15th Finance Commission equitably in
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all the Gram Panchayats falling within the jurisdiction of

Respondent No.4 so that development works may be done

properly. However, it is contrary to the Article 243 of the

Constitution of India.

3. Per contra, learned counsel for the State submits that the

petitioners have alternative remedy to challenge the impugned

resolution dated 23.06.2025 passed by respondent No.4 before the

State Government in view of Section 85/91 of the Chhattisgarh

Panchayati Raj Adhhiniyam, 1993, therefore, the instant petition is

not maintainable.

4. I have heard learned counsel for the parties at length and perused

the documents with utmost circumspection.

5. The instant petition has been filed for implementation of

constitutional rights of equal distribution of resources and

economic justice, which includes development also in the

Panchayat and stopping and putting an end to the discriminative

practice of majoritarianism in the Respondent No.4 using which

the respondents are scuttling the development projects in the

constituencies represented by the petitioners.

6. The Hon’ble Supreme Court in the matter of Sagar Machhua

Panchayat, Seoni and Another {2008 SCC OnLine MP 16 :

(2008) 2 MP LJ 194} has held that the resolution passed by the

Gram Panchayat can be challenged in an appeal or a revision as

per substantive provision of 1993 Act.

7. In this case also the alternative remedy is available to the petitioner

under Section 85/91 of the C.G. Panchayat Raj Adhiniyam, 1993,

therefore, the instant petition is not maintainable and there is no

good ground to entertain the same.

8. Accordingly, the writ petition is dismissed. However, the liberty is

given to the petitioner to file the application under Section 85/91

before the competent authority within a period of 15 days from the

date of receipt of copy of this order and on such application being

filed, the said authority shall decide the same within a further

period of 45 days from the date of receipt of the application.

Sd/-

(Arvind Kumar Verma)
Judge

Vasant