1 2025:CGHC:3467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2028 of 2018 1 - Liladhar Nandeshwar S/o Late Sona Nandeshwar Aged About 69 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 2 - Jana Bai W/o Tularam Aged About 64 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - Tikaram S/o Late Dadu Nandeshwar Aged About 75 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - Sanjay Kumar Anbade S/o Panduram Anbade Aged About 40 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5 - Sushil Nagdouna S/o Late Kamta Prasad Nagdouna Aged About 45 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 6 - Rohit Tembhurkar S/o Daduji Tembhukar Aged About 22 Years KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - Vishal Tembhurkar S/o Hemkaran Tembhurkar Aged About 30 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 2 - Rohit Tembhurkar S/o Hemkaran Tembhurkar Aged About 27 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - Smt Sheela Tembhurkar W/o Hemkaran Tembhurkar Aged About 60 Years Caste- Mahar, R/o Kalkapara, Ward No.- 9, Dongargarh, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - Chief Municipal OfÏcer Nagar Palika, Parishad, Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent(s) For Petitioners : Ms. Bhoomika Kotecha, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/01/2025 1. The present petition has been filed by the petitioners seeking following prayer:- 3 “The applicant, therefore humbly and most respectfully prays that the Hon’ble Court kindly be pleased to call for the record of the Court below and may kindly be pleased to set aside the order dated 28.02.2018 (Annexure A/2) and further please to allow the application under Section 133 Cr.P.C. of the applicants further please to direct the respondents to remove the unlawful obstruction from the way, in the interest of justice.” 2. Brief facts of the case are that the petitioners moved an application under section 133 of the Code of Criminal Procedure before the learned Sub Divisional Magistrate Dongargarh on the ground that respondents had illegally and unlawful obstructed the public road and had constructed the house over the Road and this fact also been reveal from the spot inspection report submitted by the competent authority, which clearly goes to show that earlier the road was 20 feet and now it was 13 feet wide. The respondents had constructed the house over the road, hence had created obstruction and nuisance at public place. That is in the way, that because of the unlawful obstruction in the way, the local resident people are facing very difficulty in moving from the road, which had now become very narrow. Further the respondents had made the construction of house over the public drainage, this also create nuisance. On the application of the applicants, the learned Sub Divisional Magistrate issue notice and thereafter on the 4 ground that it was inter-se dispute between the parties, hence dismiss the application on 22/8/15. 3. The learned Sub divisional Magistrate, without complying with the provision of Section 133 Cr.P.C. without giving the opportunity, dismissed the application without assigning any cogent reason, which is against the principal of natural justice. Being aggrieved with the aforesaid order, the applicants preferred a Criminal Revision before the learned Additional Judge to the Court of First Additional Session Judge, Rajnandgaon whereby the learned revisional Court without applying its mind, affirmed the impugned order dated 22.08.2015 passed by the learned Sub-divisional Magistrate and dismissed the revision petition without looking the fact that, the provision of the Section 133 had not been complied and further no reason had been recorded as per the requirement of the judicial process. Hence this petition. 4. Learned counsel for the petitioners submits that impugned order of the court's below are unjust, unreasonable and unsustainable under the eye of law and liable to be set aside by this Court. Both the Courts committed grave error in rejecting the application and revision of the applicants which is an illegal and bad order and not sustainable in the eye of law. The learned Court's Below has not considered the provision of the section 133 of Code of Criminal Procedure in its letter and spirit and once it is the report of the competent authority that respondent obstructed the way, than as per the provision, it has to be removed in exercise of the power 5 under Section 133. That court's below was absolutely unjustified in holding that it was the personal dispute. Both the Court ought to have considered that respondent had constructed a house over the road and it amount to unlawful obstruction and as per the provision of the section 133, the prima facie satisfaction is must and further he shall make an order in writing stating the grounds of his being so satisfied. She further submits that the respondents are creating the nuisance over the public place by constructing the house and further trying to disturb the peace and tranquility by disturbing the possession of the applicants over the property and that the fact of obstruction also been revealed from the spot inspection conducted by the competent authority, which clearly goes to show that earlier the road was 20 feet and now it was 13 feet wide. Under the circumstance, it shall be just and proper that this Court has pleased to call for the records from the Court below and may kindly be pleased to set aside the order dated 28/2/2018 and further please to direct the respondents to remove the unlawful obstruction from the way. As such, the petition deserves to be allowed and the impugned order deserves to be quashed. 5. I have heard learned counsel for the petitioners and also perused the documents annexed with petition. 6. From perusal of the impugned order, it transpires that after fully applying its mind the learned Additional Session Judge to the Court of 1st Additional Sessions Judge, Bilaspur (C.G.) has passed 6 the impugned order dated 28.02.2018 in Criminal Revision No. 30/2015, which warrants no interference by this Court. 7. Considering the submissions advanced by the learned counsel for the petitioners, perusing the findings recorded by the trial Court as well as by the revisional Court and the material available on record, I am of the considered opinion that the revisional Court has not committed any illegality, infirmity or any jurisdictional error while dismissing the revision filed by the petitioners. 8. Accordingly, the petition being bereft of any merit is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Kunal