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2026 DAILYLAW 27292 (CHH)

SHIV KUMAR KASHYAP v. STATE OF CHHATTISGARH

WPC/2357/2022 · 2026-07-13

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010146652022 2026:CGHC:29833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2357 of 2022 1 - Shiv Kumar Kashyap S/o Shri Sukhsagar Kashyap, aged about 55 years R/o Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir- Champa, Chhattisgarh ... Petitioner Versus 1 - State of Chhattisgarh Through The Secretary Home (Police) Department Mantralaya, Mahanadi Bhawan Atal Nagar New Raipur, District : Raipur, Chhattisgarh. 2 - The Collector Office Of The Collectorate, Janjgir, District : Janjgir- Champa, Chhattisgarh. 3 - The Superintendent Of Police, Janjgir, District : Janjgir-Champa, Chhattisgarh. 4 - Sarpanch, Gram Panchayat, Navapara, Post Pendri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 5 - Dhuniram Kashyap S/o Rajaram Kashyap, Aged About 59 Years R/o Village Nawapara, Post Office Pandri, Tahsil Janjgir, District Janjgir- Champa (C.G.) As Per Honble Court Order Dated 04-04-2025. 6 - Fattelal Kashyap S/o Firanlal Kashyap Aged About 46 Years Village Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 7 - Sitaram Kashyap S/o Gayaram Kashyap Aged About 44 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 8 - Bidurlal Kashyap, S/o Sadhuram Kashyap Aged About 39 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 9 - Soni Kumar Kashyap S/o Harprasad Kashyap, Aged About 41 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir- Champa, Chhattisgarh. 10 - Gangaram Kashyap S/o Harprasad Kashyap, Aged About 41 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir- Champa, Chhattisgarh. 11 - Ramprasad @ Uddal Kashyap S/o Dauram Kashyap Aged About 47 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir- Champa, Chhattisgarh. 12 - Ramkhilawan Kashyap S/o Kanhaiyalal Kashyap, Aged About 49 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir- Champa, Chhattisgarh. 13 - Dularsai Kashyap S/o Radhelal Kashyap, Aged About 46 Years Village Nawpara, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 14 - Puneshwar Kashyap S/o Darasram Kashyap, Aged About 44 Years Village Nawapara, P.O. Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 15 - Gendram Kashyap S/o Guharam Kashyap, Aged About 43 Years Village 3 Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 16 - Saraju Kashyap S/o Sukhnandan Kashyap, Aged About 48 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 17 - Krishno Kashyap S/o Debiram Kashyap, Aged About 45 Years Village Nawapara, Post Office Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 18 - Mangtu Yadav S/o Baisakhu Yadav, Aged About 42 Years Village Nawapara, P.O. Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 19 - Shyam Sunder Kashyap S/o Ghanaram Kashyap Aged About 55 Years Village Nawapara, P.O. Pandri, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh. 20 - Dhaniram Kashyap S/o Fattelal Kashyap Aged About 37 Years R/o Village Nawapara, Post Office Pandri, Tahsil Janjgir, District Janjgir-Champa (C.G.) As Per Honble Court Order Dated 04-04-2025 ... Respondents (Cause title is taken from CIS Periphery.) For Petitioner : Mr. Kunal Das, Advocate. For State : Dr. Saurabh Kumar Pande, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/07/2026 1. The petitioner in the said writ petition has prayed for the following reliefs :- “10.1 That, this Hon’ble Court may kindly be pleased to direct the police authority to conduct the enquiry of the petitioner case against the private respondent. 4 10.2 That this Hon’ble Court may kindly be pleased to direct the respondent authority to give the proper protection of life with property to the petitioner’s family. 10.3 That this Hon’ble Court may kindly be pleased to restore the social respect and cancel the boycott which is running against the petitioner and his family. 10.4 Any other relief, which may deemed, fit by this Hon’ble Court is just and proper for the petitioner.” 2. This Court vide its order dated 17.04.2025 has directed the Collector, Janjgir, Distt.- Janjgir-Champa as well as the Superintendent of Police, Janjgir, Distt- Janjgir-Champa to file an affidavit on or before 24.04.2025 after verification of the fact and further to inform this Court that what action has been taken against respondents No. 5 to 20 and in compliance with the aforesaid directions, the In-Charge Collector, Janjgir-Champa, and the Superintendent of Police, Janjgir-Champa, have submitted their respective affidavits. It has been categorically stated therein that, after conducting due inquiry and verification, and upon recording the statements of the concerned villagers, no material was found to substantiate the allegation of any social boycott or exclusionary action against the petitioner or his family. On the contrary, it has emerged during the inquiry that the petitioner and his family members have themselves chosen not to interact with the villagers, have not been participating in social functions organised in the village, and have remained separate from village activities by their own will. Thus, the allegations of social boycott levelled by the petitioner are devoid of factual basis and are not supported by the material collected during the inquiry. 3. Considering the aforesaid facts and circumstances of the case, wherein the Superintendent of Police as well as the concerned 5 Collector have conducted an inquiry into the matter and have placed their respective affidavits on record stating that no instance of social boycott or any such action against the petitioner has been found, this Court is of the considered view that no ground is made out warranting interference under Article 226 of the Constitution of India. The petitioner has failed to establish any violation of his legal or fundamental rights so as to warrant issuance of any direction against the respondent authorities for grant of the reliefs as prayed for. 4. Accordingly, the present writ petition, being devoid of merit, is hereby dismissed. However, the petitioner is at liberty to avail appropriate legal remedy by filing a proper application before the competent authority, in accordance with law, in the event of any encroachment upon his land or property by any person or infringement of any of his right. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju