1 / 3 2025:CGHC:58830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3437 of 2022 Manoj Kumar Khutiya S/o Bhimsen Khutiya Aged About 45 Years R/o Village Ludeg, Tahsil Patthalgaon, District Jashpur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 2 - Collector District Jashpur Chhattisgarh 3 - Sub Divisional Officer (R) Patthalgaon, District Jashpur Chhattisgarh 4 - Kaushalya Bai D/o Late Hondi R/o Village Ludeg (Trikutipara), Tahsil Patthalgaon, District Jashpur Chhattisgarh ... Respondent(s) For Petitioner : Mr. Sabyasachi Bhaduri, Advocate For Resp. No. 1 to 3/State : Ms. Upasana Mehta, Dy. Govt. Advocate For Respondents No.4 : Mr. Anshul Tiwari, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 04/12/2025 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to set aside the order dated 22.12.2021 passed by the Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.12.06 10:41:58 +0530 2 / 3 respondent no.2 i.e. Collector, District Jashpur (CG) in Revenue Case No. 2021020301000007/08/B-121/2020- 2021 and further be pleased to restore the order dated 08.01.2021 passed by the respondent no.3 i.e. Sub Divisional Officer (R), Patthalgaon, District Jashpur (CG) in Revenue Case No. 202006031100018/8/2019-20. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner submits that respondent No.4 has filed an application under Section 145 of Cr.P.C. before respondent Sub Divisional Magistrate which came to be dismissed for want of prosecution vide order dated 08.01.2021. Respondent No.4 has not filed any application for restoration of that proceeding before the Sub Divisional Magistrate or before competent authority under the law but has filed appeal under Section 44 of the C.G. Land Revenue Code, 1959 (for short “Code of 1959”) which was not maintainable. The Collector overlooking the fact and provision of law had allowed the appeal filed under Section 44 (1) of Code of 1959 challenging the order passed under Section 145 of Cr.P.C. of which Collector is having no jurisdiction and, therefore, order Annexure P-1 is bad in law as it is without jurisdiction. 3. Learned counsel for respondent No.4 submits that during pendency of this writ petition, Sub Divisional Magistrate has considered the proceedings under Section 145 of Cr.P.C. on merits and passed final order on 29.11.2024 against which petitioner has also filed revision 3 / 3 before the Court of Session which was returned back stating that proceedings against the order of Collector is pending before the High Court. 4. Learned counsel for the State also adopts the submission of learned counsel for respondent No.4. 5. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 6. It is not in dispute that respondent No.4 has filed proceedings under Section 145 of Cr.P.C. If any order is passed by Sub Divisional Magistrate in exercise of jurisdiction under Section 145 of Cr.PC., appropriate remedy for aggrieved party is to approach Court of Sessions under provision of Cr.P.C., however, respondent No.4 instead of availing remedy available under Cr.PC. has filed an appeal under Section 44 of the Code of 1959 before the Collector. Collector is not having any jurisdiction to entertain any order passed by Sub Divisional Magistrate in proceeding under Section 145 of Cr.PC. and therefore impugned order dated 22.12.2021 is without jurisdiction, as such, it is not sustainable in the eye of law. Accordingly, order dated 22.12.2021 (Annexure P-1) is set aside. Consequences to follow. 7. Writ petition is accordingly allowed. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen