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2025:CGHC:26737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 908 of 2021 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. SMT NIRMALA RAO
-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