1 / 5 2025:CGHC:49531 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5122 of 2025 1 - Vedram Alias Premlal S/o Shri Khorbahra Aged About 57 Years R/o Nawapara Tahsil- Pandariya, District- Kabirdham, Chhattisgarh. 2 - Prem Bai W/o Shri Balaram Satnami Aged About 80 Years R/o Nawapara Tahsil- Pandariya, District- Kabirdham, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary Department Of Revenue Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur Chhattisgarh. 2 - The Collector Kabirdham District- Kabirdham, Chhattisgarh. 3 - The Sub-Divisional Magistrate Pandariya Tehsil- Pandariya, District- Kabirdham, Chhattisgarh. 4 - Mohit Kumar S/o Shri Jalha Satnami Aged About 50 Years R/o Village- Nawapara, Tahsil- Pandariya, District- Kabirdham Chhattisgarh. 5 - Balha Dead Through Lrs Nill 5.1 - Jagri Bai W/o Late Balha Aged About 72 Years Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. 5.2 - Rohit Kumar S/o Late Balha Aged About 52 Years Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. 2 / 5 5.3 - Sukhiram (Dead Through Lr's) Nill 5.3.1 - Shyama Bai W/o Sukhiram Aged About 32 Years Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. 5.3.2 - Ankita (Minor) through natural guardian D/o Shyama Bai Aged About 17 Years Through Natural Guardian, Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. 5.4 - Shanti Bai D/o Late Balha Aged About 32 Years Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. 5.5 - Janki Bai D/o Late Balha Aged About 32 Years Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. 5.6 - Kanti Bai D/o Late Balha Aged About 32 Years Resident Of Village - Nawapara, Tahsil -Pandariya, District- Kabirdham, Chhattisgarh. ---- Respondents For Petitioners : Mr. Gaurav Singhal, Advocate For State : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/10/2025 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 Call for the entire records of the case pertaining to the inaction on the part of the respondents for kind perusal of the Hon’ble Court. 3 / 5 10.2 Issue writ(s)/order(s)/direction(s) in the nature of mandamus by quashing the order dated 28.05.2025 and also to set aside the proceeding which is pending before the learned Sub Divisional Magistrate Pandariya, District Kabirdham Chhattisgarh. 10.3 Issue writ(s)/order(s)/direction(s) in the nature of mandamus by directing the SDM Pandariya, District Kabirdham CG to return the land 17.88 acres and amount Rs.4,90,757/- which was given to respondent No.4 Mohit Kumar petitioners in Case No. 171/1987 to existing or fresh receiver. 10.4 Any other relief may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case and looking to the interest of petitioner. 10.5 Cost of the petition be also granted to the petitioner.” 2. Learned counsel for the petitioner contended that the petitioner has filed instant writ petition challenging the impugned orders of Sub- Divisional Magistrate Pandariya in criminal case no. 171/1987 (under section 145 Cr.P.C. 1973) Mohit ram and others v/s Prem Bai and others order dated 28/5/2025 for taking evidence of party no.1. fixed on 13/6/2025 in the Revenue Case No. 171/1986, whereby the application under section 145 for Possession of Land under Criminal Procedure Code, 1973 was filed after judgment of the Hon'ble High Court of Chhattisgarh in the (First Appeal) F.A. 460 of 1997 dated 29/03/2019. On 10/05/2022 Order by SDM Pandariya, District - Kabirdham, for release of land from attachment with was arbitrary, 4 / 5 illegal and contrary to law gave the entire possession of 17.88 acer land and the income arising out of sold crops cultivated so far Rs.4,90,757/-(Four Lakh Ninety thousand seven hundred fifty-seven rupees) was given to Respondent No.2 Mohit Kumar which was contrary to decree and judgment of Hon'ble High Court F.A. 460 of 97. The order of SDM was challenged in Criminal Revision no. 13/2022 by judgment dated 24/11/2022 ADJ Kabirdham, quashed the order of SDM. On 20/07/2023 under WPC No. 3009/2023 Hon'ble High Court directed for early disposal of case in accordance with law. That, even after order of SDM was quashed since 10/5/22 Respondent No.4 Mohit Kumar has been allowed to continue possession and cultivation of entire land. Hence, this petition. 3. Learned State counsel would submit that since the matter of the petitioner is pending since 1987 therefore, it would be appropriate to direct the concerned Sub-Divisional Magistrate to decide the case in time bound manner after giving opportunity of hearing to the private respondents. 4. Heard learned counsel for the parties and perused the documents available on record. 5. Considering the entire facts and circumstances of the case and grievance raised by the counsel for the petitioner, instead of keeping this petition pending, this petition is disposed of directing to 5 / 5 respondent No.3 – Sub-Divisional Magistrate, Pandariya, Tahsil Pandariya, District Kabirdham (C.G.) to decide the Criminal Case No.171/1987 (under Section 145 of the CrPC, 1973) {Mohit Ram & Ors. Vs. Prem Bai & Ors.} expeditiously preferably within a period of ‘06 months’ from the date of receipt of copy of this order, if there is no legal impediment, in accordance with rules, regulations and law. The same shall be decided after giving sufficient opportunity of hearing to the private respondents. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant