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2026 DAILYLAW 28906 (CHH)

SHRAWAN KUMAR KASHYAP v. STATE OF CHHATTISGARH

WPC/4166/2021 · 2026-07-19

Shri Parth Prateem Sahu

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Judgment text

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1 / 5 CGHC010265412021 2026:CGHC:30797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4166 of 2021 Shrawan Kumar Kashyap S/o Late Bihari Lal Kashyap Aged About 50 Years R/o Village Sadhouli, Police Station Gariyaband, Tahsil And District Gariyaband (C.G.), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, General Administration Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District- Raipur (C.G.), Chhattisgarh 2 - Secretary Revenue Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District- Raipur (C.G.), Chhattisgarh 3 - Secretary Home Department Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.), Chhattisgarh 4 - Collector Gariyaband, District- Gariyaband (C.G.), Chhattisgarh 5 - Superintendent Of Police Gariyaband, District- Gariyaband (C.G.), Chhattisgarh 6 - Station House Officer Gariyaband District- Gariyaband (C.G.), Chhattisgarh Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.07.25 13:05:06 +0530 2 / 5 7 - Leela Ram Thakur S/o Late Sonu Ram Thakur Aged About 65 Years R/o Village Sadhouli, Police Station Gariyaband, Tahsil And District- Gariyaband (C.G.), Chhattisgarh 8 - Leelamber Sandilya S/o Late Dwarika Ram Sandilya Aged About 50 Years Basti Secretary, R/o Village Sadhouli, Police Station Gariyaband, Tahsil And District- Gariyaband (C.G.), Chhattisgarh 9 - Alakh Ram Chandravanshi S/o Late Ghasiya Ram Chandravanshi Aged About 60 Years R/o Village Sadhouli, Police Station Gariyaband, Tahsil And District Gariyaband (C.G.), Chhattisgarh 10 - Shobha Ram Kanshi S/o Late Ghasiya Ram Kanshi R/o Village Sadhouli, Police Station Gariyaband, Tahsil And District- Gariyaband (C.G.), Chhattisgarh 11 - Yogeshwar Shandilya S/o Late Shiv Ram Shandilya, R/o Village Sadhouli, P.S. Gariyaband (C.G.), Chhattisgarh 12 - Vishnu Patel S/o Buddh Ram, R/o Village Sadhouli, P.S. Gariyaband, Tahsil And District- Gariyaband (C.G.), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Praveen Dhurandhar, Advocate For Resp. No. 1 to 6/State : Mr. Malay Jain, Panel Lawyer For Resp. No. 7 to 12 : Mr. Vinay Nagdev, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 20/07/2026 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities particularly the respondent No.4 & 5 to take action in the complaints of the petitioner dated 3 / 5 10-09-2021 (Annexure P-1). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take action against the private respondent No.7 to 12 who has socially boycotted the petitioner violating his fundamental right under Article 14, 15 & 21 of the Constitution of India. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide protection to the petitioner and his family against the discrimination done by the private respondents and also be directed to adequately compassionate the petitioner. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. Learned counsel for the petitioner submit that petitioner is resident of Village- Sadhouli, Police Station - Gariyaband, Tahsil and District- Gariyaband and is residing in the house owned by him. He contended that petitioner’s house is surrounded by boundary wall. Respondent No.7 who is Village Patel and respondent No.8 who is Village Secretary of Village Panchayat along with others have socially boycotted the petitioner and his family members and petitioner and his family members are not being permitted to work. He also submits that in para 8.5 of the writ petition it is clearly pleaded that one Santram Kashyap in whose house the son of petitioner went to do agriculture work has been fined for sum of Rs.551/- and one Om Prakash who gave lift to petitioner on his motorcycle was fined for Rs.101/- which clearly shows that villagers who are helping the petitioner and his family members or 4 / 5 engaging them to work are being penalized and thereby the other villagers have been threatened not to keep relationship with petitioner or his family members which is a social boycotting of the family of petitioner. 3. Learned counsel for respondents No. 7 to 12 opposed the submission of learned counsel for the petitioner and would submit that based on the complaint made, Patwari concerned has conducted an enquiry and submitted its report to the Tahsildar in which there is clear mention that petitioner herein is having the ration card and is getting ration every month. Petitioner and his family members are being provided work under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) and therefore allegation of petitioner is erroneous. 4. At this stage, learned counsel for the petitioner would submit that in para - 3 & 4 of the same report, there is clear mention of the fact which the petitioner has pleaded in writ petition, which is an act of social boycotting the petitioner and his family members. He also submits that this writ petition can be disposed of permitting the petitioner to submit representation before respondent No.4/Collector and a direction be issued to respondent No.4 to consider and take decision on the representation submitted by petitioner following the guidelines issued by Hon’ble Supreme Court in case of Shakti Vahini Vs. Union of India and Ors. reported in (2018) 7 SCC 192 . 5. This submission of learned counsel for the petitioner is not opposed by learned counsel for the respondents. 6. On due consideration of the submissions made by learned counsel for the 5 / 5 parties, this writ petition at this stage is disposed of permitting the petitioner to submit a fresh detailed representation before respondent No.4/Collector and in the event petitioner submits such representation, respondent No.4 shall consider and take all necessary steps and measures for redressing grievance as raised by the petitioner keeping in mind the decision of Hon’ble Supreme Court in case of Shakti Vahini (supra). 7. With the aforesaid observation and direction writ petition stands disposed of. Sd/Sd Sd/- (Parth Prateem Sahu) Judge Praveen