Chattisgarh High Court
Raghuveer Kesharwani vs State Of Chhattisgarh on 23 November, 2022
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1922 of 2022
• Raghuveer Kesharwani S/o Late Mangal Prasad Aged About 60 Years
R/o Village- Muchchhamlda, Tahsil- Bilaigarh, District- Balodabazar-
Bhatapara Chhattisgarh. Now, District : Sarangarh-Bilaigarh,
Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Sub-Divisional Officer, Bilaigarh,
District- Balodabazar- Bhatapara Chhattisgarh. Now, District :
Sarangarh-Bilaigarh, Chhattisgarh.
2. Angan Bai W/o Shivprasad Aged About 69 Years R/o Village-
Sarsinwa, Tahsil- Bilaigarh, District- Balodabazar- Bhatapara, Now,
District : Sarangarh-Bilaigarh, Chhattisgarh
3. Shivprasad S/o Bhagau Aged About 78 Years R/o Village- Sarsinwa,
Tahsil- Bilaigarh, District- Balodabazar- Bhatapara, Now, District :
Sarangarh-Bilaigarh, Chhattisgarh
4. Khikram S/o Shivprasad Aged About 50 Years R/o Village- Sarsinwa,
Tahsil- Bilaigarh, District- Balodabazar- Bhatapara, Now, District :
Sarangarh-Bilaigarh, Chhattisgarh
5. Fulbai W/o Khikram Aged About 45 Years R/o Village- Sarsinwa,
Tahsil- Bilaigarh, District- Balodabazar- Bhatapara, Now, District :
Sarangarh-Bilaigarh, Chhattisgarh
6. Nitish S/o Khikram Aged About 36 Years R/o Village- Sarsinwa, Tahsil-
Bilaigarh, District- Balodabazar- Bhatapara, Now, District : Sarangarh-
Bilaigarh, Chhattisgarh
7. Lomash S/o Khikram Aged About 34 Years R/o Village- Sarsinwa,
Tahsil- Bilaigarh, District- Balodabazar- Bhatapara, Now, District :
Sarangarh-Bilaigarh, Chhattisgarh
---- Respondents
For Petitioner : Mr. Aman Kesharwani, Advocate For Respondent No.1/State : Ms. Akshara Amit, Panel Lawyer.
Hon'ble Shri Justice Radhakishan Agrawal Order On Board Page No.2 23/11/2022
1. Petitioner has filed this petition under Section 482 of CrPC with a limited prayer that respondent No.1 be directed to decide application filed by petitioner under Section 146 of CrPC expeditiously.
2. Facts of case, in brief, are that petitioner filed application before the Sub-Divisional Magistrate, Bilaigarh, District Balodabazar Bhatapara for immediately taking cognizance against respondents No.2 to 7 herein under Section 146 of CrPC and necessary orders may be passed protecting his possession on land. Based of petitioner's application, respondent Sub Divisional Officer, Bilaigarh directed to register case; call for report from Station House Officer, Police Station Sarsiwa and Halka Patwari concerned and to issue preliminary order under Sections 145-146 of CrPC. Thereafter, the matter was taken up for hearing by the Sub-Divisional Officer on 30.6.2022 and 14.7.2022, but no preliminary order is passed till date.
3. Learned counsel for petitioner also submit that delay in disposal of proceedings under Section 146 CrPC by the Sub Divisional Officer may deprive petitioner from his property right, therefore, a direction be issued to respondent No.1 to conclude the proceedings under Section 146 of CrPC expeditiously.
4. Learned State Counsel submits that he is not having objection to the limited prayer made by learned counsel for petitioner. Page No.3
5. I have heard the learned counsel for the parties and perused the documents placed on record.
6. In the first order-sheet of respondent No.1 Sub-Divisional Officer, Bilaigarh, which does not contain any specific date and even year mentioned is incorrect i.e 2021, it is recorded that an application is filed by petitioner stating that non-applicants are trying to dispossess him from his ownership land, therefore, it has been prayed that a preliminary order be passed immediately protecting peaceful possession of petitioner. It further reflects that direction was issued to register case, call for report from SHO, Police Station Sarsiwa and Halka Patwari concerned and to pass preliminary order under Sections 145 & 146 CrPC. Thereafter, matter was taken up on 30.6.2022 and since report was not received, it was adjourned to 14.7.2022. Despite there being specific order for hearing of matter on 14.7.2022, no proceeding was drawn on 14.7.2022 or any other subsequent date, as submitted by learned counsel for petitioner.
7. Respondent No.1 being public officer is under an obligation to redress grievance of citizens like petitioner with utmost expedition. He cannot sit tight over application of petitioner filed under Section 146 of CrPC for an indefinite period and it is his duty to decide such application in accordance with law and pass appropriate order. The petitioner cannot be made to suffer for an indefinite period for no fault on his part.
8. Taking into consideration facts and circumstances of case, particularly the fact that application under Section 145/146 CrPC is pending consideration since April, 2022, this writ petition stands disposed of with a direction to respondent No.1 to consider and decide application of petitioner filed under Section 146 CrPC and passed preliminary Page No.4 order in accordance with law expeditiously, preferably within a period of two weeks from the date of receipt of copy of this order. It is made clear that this Court has not expressed any opinion on merits of petitioner's application and it is for respondent No.1 to decide the same on its own merit.
9. Certified copy as per rules.
Sd/-
(Radhakishan Agrawal) Judge Nisha