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2026 DAILYLAW 18446 (CHH)

BADRI PRASAD SAHU v. STATE OF CHHATTISGARH

WPC/1281/2026 · 2026-03-23

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:13995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1281 of 2026 1 - Badri Prasad Sahu S/o Late Mahettar Lal Sahu Aged About 43 Years R/o Ward No.- 09, Village And Post Godhna, Tehsil And Police Station- Nawagarh, Distt.- Janjgir-Champa (C.G.) 2 - Rajkumar Sahu @ Yash Sahu S/o Dukalu Ram Sahu Aged About 31 Years R/o Ward No.- 09, Village And Post Godhna, Tehsil And Police Station- Nawagarh, Distt.- Janjgir-Champa (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan, Nawa Raipur, District Raipur (C.G.) 2 - Director General Of Police Police Head Quarter, Naya Raipur, Distt. Raipur (C.G.) 3 - Collector Janjgir, District- Janjgir-Champa (C.G.) 4 - Superintendent Of Police Janjgir, District- Janjgir-Champa (C.G.) 5 - Sub Divisional Magistrate Janjgir, Distt.- Janjgir-Champa (C.G.) 6 - Tahsildar Nawagarh, Distt. Janjgir-Champa (C.G.) 7 - Station House Officer Police Station- Nawagarh, Distt.- Janjgir-Champa (C.G.) 8 - Gram Panchayat Godhna Through Its Secretary, Village And Post Godhna, Tahsil And Police Station Nawagarh, Distt. Janjgir-Champa (C.G.) ... Respondents {Cause title, as taken from CIS} For Petitioner : Mr. Pritam Singh, Advocate. For Resp. No. 1 to 7 : Mr. Shobhit Mishra, Dy. Govt. Advocate. 2 {Hon'ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 24/03/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- “10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ quashing and setting aside impugned notices passed by Police Station Nawagarh [Annexure P/2 (Colly.)], in the interest of justice 10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ Setting aside impugned cancellation order dated 07.12.2025 (Annexure P/7), in the interest of justice. 10.3 That, Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the respondents to not to interfere to any manner of the legal religious prayer meeting held by the petitioner and other believers of Christian religion on Sundays and any special occasions, in the interest of justice. 10.4 That, Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing respondents to protect the fundamental rights of the petitioner guaranteed under Article 19 of the Constitution of India, in interest of justice. 10.5 That, the Hon'ble Court may kindly be placed to pass any other appropriate order / direction considering the facts and circumstances of the writ, in the interest of justice. 3 2. Learned counsel appearing for the petitioners submits that the petitioners are recorded owner of the Plot No. 09, area 110 sq. meter and Plot No. 10, area 72 sq. meter of Khasra No. 3413/2, respectively situated at village Godhna, Tahsil & Police Station Nawagarh, District Janjgir-Champa (C.G.), which are adjacent lands. Both the petitioners, who are relatives, have constructed hall on first floor of their house where they used to orgarnize prayer meeting of the believers of Christianity since 2016. He further submits that on account of aforesaid activity of petitioners, respondent No. 7 - Station House Officer, Police Station – Nawagarh, Distt. Janjgir-Champa (C.G.) is harrassing petitioner by serving notices under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”). He next submits that while organizing such prayer, no nuisance or illegal activity is conducted by the petitioners, despite that respondent No. 7 has issued notices (Annexure P-2 colly,), dated 18.10.2025, 22.11.2025 and 01.02.2026 to the petitioners to restrain them from conducting prayer meeting in their dwelling house. It is next contended that earlier Gram Panchayat Godhna, Tahsil & Police Station – Nawagarh had issued “No Objection Certificate” in favour of the petitioners to organize prayer meeting but the same has been recalled by said Gram Panchayat under pressure. Hence, he prays that this petition may be disposed of quashing aforesaid notices and restraining the respondents from raising objection or harrassing the petitioners on account of aforesaid 'Prayer Meeting' organized by them in their personal dwelling house. 3. Per contra, learned counsel appearing for the State submits that there are criminal cases registered against the petitioners and they were also remained in jail. He further submits that the petitioners have never sought any prior permission from the competent authority to organize the prayer meeting in their 4 dwelling house, therefore, aforesaid notices have been issued by the Police Authority. Learned State Counsel seeks time to file reply. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the limited grievance of the petitioners, this Court is not inclined to grant time to respondents/State to file reply. 6. 'The petitioners are registered owner of said lands where they used to organize 'Prayer Meeting' of the followers of Christianity at their dwelling house since 2016. There is no such law restraining any persons to organize prayer/ prayer meeting in their dwelling house. Further, there is no need to get prior permission from any authority for conducting prayer / prayer meeting, if the same is organized without violating any law. If there is any nuisance caused due to noise pollution or situation of law & order arises, then it is always open for the Authorities to take necessary action under the provisions of the relevant statutes. Consequently, the respondents / police authorities are directed not to interfere with the civil rights of the petitioners and also shall not harass them under the guise of enquiry or so. 8. As a consequence, impugned notices (Annexure P-2 colly.) dated 18.10.2025, 22.11.2025 and 01.02.2026 are quashed. Since the Gram Panchayat, Godhna has withdrawn the alleged NOC granted to the petitioners, therefore, in view of above, this Court is not inclined to consider the recalling order of the Gram Panchayat. 9. Accordingly, this petition is allowed to the extent indicated hereinabove. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.03.28 18:09:28 +0530