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2026 Supreme(Online)(Chh) 13822

HIGH COURT OF CHHATTISGARH AT BILASPUR
Naresh Kumar Chandravanshi, J
SMT. KANCHAN GAIKWAD – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC No. 930 of 2026



Advocates:
For the Appellants/Petitioners: Ramesh Nayak
For the Respondents: Sabyasachi Choubey

The court directed the competent administrative authority to decide upon a representation regarding the recovery of misused public funds within a stipulated timeframe in accordance with the law.

Headnote:The petitioner approached the court under Art. 226/227 of the Constitution of India seeking a writ of mandamus to direct the recovery of ₹46,06,100/- allegedly misused by the former Sarpanch of Gram Panchayat Mura. It was contended that despite notices issued by the CEO, Janpad Panchayat, and a representation submitted to the Collector, no concrete action had been taken to recover the funds for the construction of public facilities. The court noted that the petitioner sought a high-level inquiry into financial mismanagement of Minor Mineral funds. The primary issue was whether the respondent authorities should be directed to act upon the representation for fund recovery. The court observed that the State was amenable to taking a decision on the application in accordance with the law. The present writ petition is disposed of at this stage directing respondent No.2, the Collector, Raipur, to take an appropriate decision on the application dated 22.07.2025 (Annexure -P/7) submitted by the petitioner, in accordance with law, or to direct the concerned competent authority to do so expeditiously, preferably within a period of 60 days from the date of receipt/submission of a copy of this order, if no decision has already been taken.

Table of Content
1. allegation of misuse of panchayat funds and request for recovery through writ of mandamus. (Para 1 , 2 , 3)
2. state's submission to decide the matter in accordance with law. (Para 4)
3. direction to the collector to decide the representation within 60 days. (Para 5 , 6 , 7)

Order on Board

1. Heard.

2. This petition has been preferred by petitioner under Article 226/227 of the Constitution of India seeking following reliefs:-

“10.1 That, the Hon’ble Court be pleased to direct the respondents to place all the records of the case for kind perusal of the Hon’ble Court.

10.2 That, the Hon'ble Court be pleased to issue a writ of mandamus directing Respondents No. 2 to 5 to execute the recovery of ₹46,06,100/-consequent to the Final Notice dated 18/06/2025 and the Petitioner's representations dated 15/04/2025 and 22/07/2025.

10.3 That, the Hon'ble Court be pleased to direct a high-level inquiry into the financial mismanagement of the Minor Mineral funds in Gram Panchayat Mura.

10.4 That, the Hon'ble Court be pleased to issue a direction to the Respondent Authorities to immediate grant ₹46,06,100/- to Gram Panchayat Mura for the construction of roads, library, and health center facilities.

10.5 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.”

3. Learned counsel for the petitioner submits that the petitioner is presently posted as Sarpanch of Gram Panchayat Mura, Janpad Panchayat Tilda, District Raipur (CG). He further submits that the former Sarpanch, Smt. Kanti Verma (respondent No.6), withdrew a huge amount of funds but did not initiate any work, thereby misusing the Panchayat funds. He next submits that upon a complaint made by the petitioner, three notices have been issued to respondent No.6 by the CEO, Janpad Panchayat, Tilda-Neora; however, no concrete action has been initiated against her. He further submits that the petitioner also filed an application dated 22.07.2025 (Annexure -P/7) before respondent No.2, the Collector, Raipur, but no action has been taken against respondent No.6. Hence, learned counsel prays that, at this stage, the present writ petition may be disposed of with a direction to respondent No.2 to take an appropriate decision on the aforesaid application submitted by the petitioner within a stipulated period.

4. Learned counsel for the State submits that an appropriate decision on the application filed by the petitioner shall be taken by the concerned authority in accordance with law.

5. Having considered the limited prayer made by learned counsel for the petitioner, the present writ petition is disposed of at this stage directing respondent No.2, the Collector, Raipur, to take an appropriate decision on the application dated 22.07.2025 (Annexure -P/7) submitted by the petitioner, in accordance with law, or to direct the concerned competent authority to do so expeditiously, preferably within a period of 60 days from the date of receipt/submission of a copy of this order, if no decision has already been taken.

6. With the aforesaid observations and direction, the writ petition stands disposed of

7. Pending interlocutory application(s), if any, also stands disposed of.

Certified copy as per rules.

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