1 2025:CGHC:25978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1790 of 2024 1 - Suresh Singh Bhupal S/o Late Shri Shatruhan Singh Bhupal Aged About 55 Years R/o E/4, Nutan Colony, New Sarkanda, Bilaspur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur, C.G. 2 - Akhil Gond Samaj Mahasabha Kendra Jevra, Mandal Mahuda Pramandal Odangi Through- President Jhumuk Singh Korram, S/o Samaru Singh Korram, Presently Working As Pramandal President (Block), Akhil Gond Samaj Mahasabha Kendra Jevra, Mandal Mahuda Pramandal Odangi, R/o Vill- Nirtu, P.S. Seepat, Tahsil Masturi, District Bilaspur, C.G. 3 - Smt. Jam Bai Shyam Chairperson Akhil Gond Samaj Mahasabha, Kendra- Jevra, W/o Ram Narayan Shyam, Aged About 47 Years, R/o Village- Pulalikala, Post Office - Pondi, Police Station And Tahsil- Pali, District- Korba, C.G. 4 - D. P. Korram Presently Working As Mandal President (Block), Akhil Gond Samaj Mahasabha, Mandal Mahuda Pramandal Odangi, R/o Village- Salihapara (Murli), Police Station And Tahsil- Hardi Bazar, District- Korba, C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ravindra Sharma, Adv. For State : Mr. Praveen Das, Dy. A.G. For Respondent No. 2 to 4 : Mr. Ashok Kumar Verma, Adv., along with Mr. Lekhram Dhruw, Adv. Hon’ble Shri Arvind Kumar Verma Order on Board 2 19/06/2025 1. Counsel for the Petitioner prays for the following relief(s):- (i)That, this Hon’ble Court may kindly be pleased to issue a writ of Mandamus set aside the impugned order/notice dated 21.11.2023 (Annexure P-1) (ii) That, the Hon’ble Court may kindly be pleasd to take action against the respondents No. 2 to 4 for their illegal conduct and action. (iii) Any other relief, which this Hon’ble Court may, deems fit and proper may also be awarded to the petitioner including the cost of the petition. 2. Learned counsel for the petitioner submits that the petitioner has challenged the order/notice dated 21.11.2023 forwarded/issued by the respondent No. 02, President Akhil Gond Samaj Jevra, Pramandal Odangi (Annexure P-1), whereby the petitioner has been socially boycotted for the only reason/alleging that the petitioner is keeping relation with one Sunder Singh Marawi, and that Sunder Singh Marawi has taken membership of Samvilian Maha Sabha and the petitioner has invited him in last ritual of his Uncle, that after order/notice dated 21.11.2023 on same day the petitioner and his family were socially boycotted due to which the member of the society and other family members have not participated in social program/ rituals and subsequently the relatives of the petitioner are not inviting the petitioner and his family members in any social function, therefore the petitioner and his family members are facing mental agony. 3. Learned counsel for the petitioner submits that the so called Samvilian MahaSabha is not even in existence till date, that there is no document present to establish a body named Samviliyan Mahasabha exists and the petitioner has taken membership of the Samvilian MahaSabha, In reality Samvilian MahaSabha is just an idea which the Tribal community is proposing to be formed in future with an object to eradicate social evil and achieve object of a 3 free society, that the petitioner is only supporting good cause/idea of formation and establishment of such Samviliyan Mahasabha and has not taking any membership as to date since a body named Samviliyan Mahasabha does not even exist, that the illegal order/notice dated 21.11.2023 resulting in the social boycott of the petitioner's family has caused damage to the reputation of the petitioner in the society which is illegal, improper and infringed the Fundamental rights of the petitioner in particularly the Article 19 Protection of certain rights regarding freedom of speech & Article 21-Protection of life and personal liberty enshrined under the Constitution of India. That the Uncle of the petitioner died on 13.11.2023 and his last rituals was fixed for 22.11.2023 at Vill- Junadih, P.S. & Tah. Baloda, Dist- Janjgir- Champa (C.G.) therefore the condolence letter was sent by the petitioner to his family members/relatives. 4. Learned counsel for the petitioner submits that the respondent No. 02 is the Pramandal President (Block) of Pramandal, Odangi under Akhil Gond Samaj Mahasabha Kendra Jevra, Mandal Mahuda. That day before the function i.e. on 21.11.2023 the respondent No. 02 has circulated a notice in the Whatsapp Group stating that the petitioner is involving one Shri Sundar Singh Maravi in a social gathering who was earlier socially boycotted by the society vide order dated 06.06.2022, therefore the action be taken upon the petitioner's family and on same day issued a letter dated 21.11.2023 socially boycotted the petitioner from the society without given him any opportunity of hearing. That after circulation of said notice of social boycott in a Whatsapp Group, the member of society/family have not participated in the function due to fear of their social boycott and imposition of fine, that the reputation of the petitioner is also damaged/injured in the society. That the respondent No. 02 has no right/authority under any law to issue such letter of social boycott of any one, that as per Article 21 - Protection of life and personal liberty enshrined in the Constitution of India a person is entitled to live with dignity which includes social involvement. There is no place of social boycott in the civilized 4 society and promoting such illegal practice would attract penal action. 5. Learned counsel for the petitioner further submits that the petitioner being aggrieved by the action of the respondent No. 02 in publishing notice/order of social boycott of the petitioner and his family members thereby harming his social reputation and against his social boycott sent a notice to respondent No. 02 to tender apology but the respondent No. 02 failed to reply therefore the petitioner lodged the complaint before the police authority for registration of F.I.R. against the respondent No. 02 for his illegal conduct. That the police authority called the petitioner and the respondent No. 02, recorded their statements wherein also the respondent No. 02 has admitted his illegal conduct but the police authority has only registered the 'Istgasha' for the preventive proceeding but has not registered the F.I.R. against the respondent No. 02 which is illegal, improper and contrary to the law. Being aggrieved by the inaction of the police authority the petitioner approached before this Hon'ble Court and filed W.P.Cr. No. 25 of 2024 wherein this Hon'ble Court has taken cognizance of the issue and looking to the seriousness of the issue directed the State Authority to look into the matter and later in their reply the State Authority have submitted that a F.I.R. No. 98/2024 dated 25.02.2024 has been registered against the respondent No. 02 for the offences punishable U/s 04 of Protection of Civil Rights Act, 1955 and the petition has been disposed off vide order dated 12.03.2024 with liberty to approach before appropriate forum. 6. Learned counsel for the petitioner further submits that the impugned order/notice dated 21.11.2023 as well as the social boycott of the petitioner's family has caused damage to the reputation of the petitioner in the society, that the illegal action taken by the respondent No. 02 against the petitioner and his family members is illegal, improper and contrary to the law That the petitioner has no other option except to approach before this Hon'ble Court to protect his civil right against the illegal action of the respondent No. 02 to 04 and to enforce his Fundamental right 5 of freedom of speech and Right to life. Therefore, he prays for quashemnt of the order dated 21.11.2023 (Annexure P-1). 7. Learned counsel for the respondent/state would submit that authorities are taking steps and also registered Ishtgasa under Protection of Civil Rights Act. The authorities of the State are trying to ensure that no such uncalled decision are taken in any meeting/panchayat. In the present matter the state has also taken prevailing action against the concerned proceedings. 8. Learned counsel for the respondents No. 2 to 4 submits that the petitioners have not availed to approach the appropriate authority to redressal of their grievances, instead they filed writ petition after inordinate delay of 1 years of the alleged circular without explaining its delay. 9. I have heard learned counsel for the parties and perused the material available on record. 10. From perusal of the complaint made by the petitioner, it appears that the petitioner is raising grievance that he and his family members are socially boycotted by the respondents No.2 to 4 and and they are being excluded from various functions of Hindu Community. 11. Considering the facts and circumstances of the case this Court is of the opinion that decision of Social boycott are certainly Social Evil and requires to be eradicated from the society to ensure that no individual is adversely affected by any harsh decision of any head of community /Sabha, thus the impugned order dated 21.11.2023 (Annexure P-1) is unsustainable and the same deserve to be and is accordingly set-aside/quashed with consequences to follow. 12. According, the present writ petition stands allowed and disposed Sd/- (Arvind Kumar Verma) Judge Jyoti