Chhattisgarh High Court
WPC/4791/2026 of UPENDRA NATH AWASTHI Vs THE STATE OF CHHATTISGARH on 29 September 2026
2026:CGHC:42633 Digitally signed by AMIT PATEL NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4791 of 2026 Upendra Nath Awasthi S/o Late Shri G.N. Awasthi Aged About 80 Years R/o Rohini Vihar, Green Park, District Bilaspur, (C.G.) ... Petitioner(s) versus 1 - The State Of
CGHC010367682026
2026:CGHC:42633
Digitally signed by
AMIT PATEL
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4791 of 2026
Upendra Nath Awasthi S/o Late Shri G.N. Awasthi Aged About 80 Years R/o Rohini Vihar, Green Park, District Bilaspur, (C.G.)
... Petitioner(s)
versus
1 - The State Of Chhattisgarh Through Collector And District Magistrate, Rajnandgaon (C.G.)
2 - The Sub-Divisional Magistrate Rajnandgaon (C.G.)
... Respondent(s)
(Cause title taken from CIS System)
For Petitioner
: Ms. Ishita, Advocate
For Respondents/State
: Mr. Hariom Rai, PL
Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30.09.2026
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1. The petitioner has filed this petition with the following reliefs:- “ 10.1 Issue appropriate order/direction/writ in the nature of mandamus to respondent No. 2 the Ld. SDM, Rajnandgaon to pass the judgment within 5 days and file report of compliance before this Hon’ble Court, in the ends of justice and to prevent abuse of process of law in order to safeguard the petitioner’s fundamental right under Article 14,19 and 21 of the Constitution of India.
10.3. Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Learned counsel for the State submits that the relief sought by the petitioner has already been considered and decided by the Sub- Divisional Magistrate, Rajnandgaon, vide order dated 22.09.2026. Therefore, no grievance survives against respondent No. 2, i.e., the Sub-Divisional Magistrate, Rajnandgaon, at this stage.
3. Learned counsel for the petitioner, however, objects to the same by submitting that in terms of Section 145(6)(b) of the Code of Criminal Procedure, 1973, the order passed under the said sub- section is required to be served and published in the manner prescribed under sub-section (3) thereof.
4. For ready reference, Section 145(6)(b) of the Code of Criminal Procedure, 1973, is reproduced hereinbelow:
145. Procedures where dispute concerning land or water is likely to cause breach of peace-
(6) (b) the order made under this sub-section shall be served and published in the manner laid down in sub-section (3)
5. In view of the aforesaid provision, the concerned SDM, Rajnandgaon, is directed to comply with this order in the letter and spirit of Section 145(6)(b) of Cr.P.C. in accordance with law, and the same be done within a period of 15 days from the date of receipt of a copy of this order. The concerned SDM shall ensure that the aforesaid direction is duly complied with within the stipulated period.
6. With the aforesaid observations and directions, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL