Chattisgarh High Court
Dhanaibai vs State Of Chhattisgarh on 23 June, 2025
1
2025:CGHC:26737
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT
NIRMALA WPC No. 908 of 2021
RAO
1 - Dhanaibai W/o Bheekham Aged About 40 Years R/o Parsaheed Tehsil
Bilaigadh District Balodabazar Bhatapara (Chhattisgarh), District :
Balodabazar-Bhathapara, Chhattisgarh.
... Petitioner
versus
1 - State Of Chhattisgarh Through Station House Officer, Bilaigadh District
Balodabazaar Bhatapara (Chhattisgarh), District : Balodabazar-Bhathapara,
Chhattisgarh
2 - Sub Divisional Magistrate, Tehsil Bilaigadh District Balodabazaar Bhatapara
(Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh
3 - Gram Panchayat, Parsaheed Tehsil Bilaigadh District Balodabazaar
Bhatapara (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh.
---- Respondents
For Petitioner : Shri Krishna Tandon, Advocate.
For Respondent/ State : Shri Shubham Bajpayee, P.L.
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
23.06.2025
1. The petitioner has filed this petition seeking the following reliefs:
“10.1 This, Hon’ble Court may kindly be pleased direct the
respondent authorities/police to comply the order dated
12.10.2020 passed by the Sub-Divisional Magistrate
Bilaigadh District- Balodabazaar-Bhatapara (C.G.) looking
to the facts and circumstances of the case.
-2-
10.2 Any other relief deemed fit in the facts and
circumstances of the case may also be granted.”
2. Learned counsel for the petitioner would submit that though there
was a direction by the Sub-Divisional Magistrate, Bilaigarh to
submit a report within a period of seven days, no action has been
taken till date. It appears that an application under Section 133 of
Cr.P.C. was moved before the Sub-Divisional Magistrate, and a
direction was issued for removal of the nuisance caused by the
private individuals.
3. The petitioner has filed the present petition seeking execution of
the order passed by the Sub-Divisional Magistrate under Section
133 of Cr.P.C. However, Sections 134, 135 & 136 of Cr.P.C.
provide the procedure to be followed in case of non-compliance
with such an order. Instead of approaching the appropriate
authority for execution, the petitioner has directly filed this petition,
and in my opinion, this petition is not maintainable and is
accordingly dismissed. However, the petitioner would be at liberty
to take recourse to law.
Sd/-
(Rakesh Mohan Pandey)
Judge
Nimmi