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2025 DAILYLAW 50686 (CHH)

GAINDRAM MANHARE v. STATE OF CHHATTISGARH

WPC/5350/2025 · 2025-10-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 2025:CGHC:51035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5350 of 2025 1 - Gaindram Manhare S/o Shri Jhadi Manhare Aged About 41 Years R/o Vill- Khapri, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 2 - Rupdas Manhare S/o Shri Jhadi Manhare Aged About 66 Years R/o Vill- Khapri, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 3 - Govind Manhare S/o Shri Jhadi Manhare Aged About 54 Years R/o Vill- Khapri, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 4 - Lochan Manhare S/o Shri Jhadi Manhare Aged About 56 Years R/o Vill- Khapri, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Its Secretary, Department of Home Affairs, Secretariat At Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - Collector Bemetara, District - Bemetara (C.G.) 3 - Superintendent of Police Bemetara, District - Bemetara (C.G.) 4 - Sub Divisional Officer (Revenue) Nawagarh, District - Bemetara (C.G.) 5 - Tahsildar - Nawagarh Tahsil - Nawagarh, District - Bemetara (C.G.) 6 - Secretary Gram Panchayat - Gadamor - Dharampura, Tahsil - Nawagarh, District - Bemetara (C.G.) 7 - Mahajan Manhare (Sarpanch) Gram Panchayat - Gadamor - Dharampura, Tahsil - Nawagarh, District - Bemetara (C.G.) ... Respondents For Petitioners : Mr. Jai Prakash Shukla, Advocate For State /Respondents : Mr. Ajit Singh, GA along with Ms. Nupur Trivedi, PL ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.15 18:40:02 +0530 2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/10/2025 1. By way of the instant petition, the petitioners have prayed for the following reliefs:- 10.1 That this Hon’ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2 That the Hon’ble Court may kindly be pleased to issue writ in the nature of certiorari/prohibition/mandamus, thereby to direct the respondent authorities to take curative measure leading to ban social boycott imposed orally by res no 7 on petitioners and their family members and punish res no 7 for practicing untouchability/social boycott against petitioners and their family members. 10.3 Hon’ble court may kindly further be pleased to direct respondent authorities to take fair decision on complaint/representation dated 18-09-2025 (Annexure P/2) assigning lawful and valid reason within stipulated time period and further to pass any order which deems fit including cost of the petition in the interest of Justice. 2. The brief facts of the case as projected by the petitioners are that the petitioners are resident of vill- Khapri falls in gram panchayat- Gadamor-Dharampura, Tahsil- Nawagarh. Petitioners' neighbour Mahendra Manhare has been residing after constructing dwelling house at portion of Abadi land of khasra no 305 for last 20-25 years, with their family members, handicapped brother and children. In like manner many other persons are also residing after constructing house on said land. Respondent No.7 elected as sarpanch of 3 / 4 Gadamor-Dharampura was having old enmity with Mahendra Manhare and his family members, for which Respondent no 7 victimized and terrorized Mahendra and his family members in many means and methods. Despite severe oppression by Respondent no 7 when Mahendra and his family members were not ready to surrender then Respondent no 7 proclaimed social boycotts against Mahendra and his family members. Respondent no 7 Asked all neighbour including petitioners to refrain from making any contact/relation with Mahendra and his family members and whosoever is found making contact with Mahendra and his family members would be imposed fine of Rs 50,000/- Even villager's children were refrained from making contact/activity with Mahendra's family children. Petitioners and their family members objected the proclamation of Respondent No. 7 and they suggested him to lift the proclamation being unconstitutional, illegal and criminal act. Despite threat and warning of Respondent No. 7 when petitioners kept relationship with the Mahendra family, then the petitioners were also declared by Respondent No. 7 as socially boycotted. Respondent No. 7 who used to keep enmity with Mahendra family, wanted to demolish his house constructed at khasra no 305, in which without authority of law he issued notice and demolished Mahendra's house which was also objected by petitioners. For the reason the petitioners were supporting to the Mahendra family against wishes of Respondent No. 7 therefore along with Mahendra and his family members petitioners and his 4 / 4 family members including children has also been socially boycotted by Respondent No. 7. 3. Learned counsel for the petitioners would contend that they have submitted complaint/representation dated 18/09/2025 before the Respondents No.2 & 3, however, till date the same has not been decided, therefore, the respondent authorities may be directed to decide the representation of the petitioners. 4. Learned State counsel submits that they have no objection in deciding the representation of the petitioners. 5. I have heard learned counsel for the parties and perused the documents. 6. Considering the limited submission made by learned counsel for the petitioners and the entire facts & circumstances of the case, it is directed that Respondents No.2 & 3 shall decide the representation of the petitioner dated 18/09/2025 (Annexure P/1) by giving sufficient opportunity of hearing to Respondents No.6 & 7, in accordance with law. 7. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu