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2026 DAILYLAW 30267 (CHH)

JAGESHWAR YADAV v. STATE OF CHHATTISGARH

WPC/318/2023 · 2026-07-28

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010000712023 2026:CGHC:32602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2 of 2023 • Kishor Patro S/o Madhu Patro Aged About 32 Years R/o Village Bhurwal, Police Station Benur, Tahsil Narayanpur, District : Narayanpur, Chhattisgarh --- Petitioner versus 1. State Of Chhattisgarh Through Secretary, Home Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 2. Secretary General Administration Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 3. Inspector General Of Police Bastar Division, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. 4. Superintendent Of Police Narayanpur, District Narayanpur, Chhattisgarh. 5. The Collector, Narayanpur District Narayanpur, Chhattisgarh. 6. Commissioner, Bastar Division Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. 7. Station House Officer Police Station Benur, District : Narayanpur, Chhattisgarh. --- Respondents AND WPC No. 899 of 2023 1. Ram Poyam S/o Ghasiram Poyam Aged About 35 Years R/o Village Chalka Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 2. Smt. Rajbai Poyam W/o Ram Poyam Aged About 30 Years R/o Village Chalka Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 3. Laxman Poyam S/o Ghasiram Poyam Aged About 35 Years R/o Village Chalka Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. DEEPTI JHA Digitally signed by DEEPTI JHA 2 4. Smt. Shivbati Poyam W/o Laxman Poyam Aged About 27 Years R/o Village Chalka Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 5. Purushottam Netam S/o Jagbandhu Netam Aged About 25 Years R/o Village Chalka Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 6. Smt. Dashbati Netam W/o Purushottam Netam Aged About 22 Years R/o Village Chalka Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 7. Amar Singh Salam S/o Jhitu Salam Aged About 25 Years R/o Village Modenga, Police Station Benoor, (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 8. Siyaram Salam S/o Mainu Salam Aged About 22 Years R/o Village Modenga, Police Station Benoor, (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 9. Mahesh Salam S/o Foolsingh Salam Aged About 23 Years R/o Village Modenga, Police Station Benoor, (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 10. Dhani Ram S/o Daanu Kachlam Aged About 32 Years R/o Village Modenga, Police Station Benoor, (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 11. Ku. Rasiya Salam D/o Baku Salam Aged About 28 Years R/o Village Modenga, Police Station Benoor, (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 12. Foolsingh Salam S/o Narsingh Salam Aged About 45 Years R/o Village Modenga, Police Station Benoor, (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 13. Smt. Punay Netam W/o Ganesh Netam Aged About 35 Years R/o Village Chich Dongri Police Station Kondagaon, District : Kondagaon, Chhattisgarh. 14. Ganesh Netam S/o Pohdu Netam Aged About 38 Years R/o Village Chich Dongri Police Station Kondagaon, District : Kondagaon, Chhattisgarh. 15. Ku. Munni Tekam D/o Lachhu Ram Tekam Aged About 23 Years R/o Village Chingnar, Post And Panchayat Chingnar, Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 16. Smt. Sukhay Tekam W/o Lakesh Potai Aged About 27 Years R/o Village Chingnar, Post And Panchayat Chingnar, Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 3 17. Smt. Bhagwati Nag W/o Umesh Nag Aged About 32 Years R/o Village Chingnar, Post And Panchayat Chingnar, Police Station Benoor (Police District- Narayanpur), District : Kondagaon, Chhattisgarh. 18. Umesh Nag S/o Late Rohi Das Aged About 33 Years R/o Village Chingnar Post And Panchayat Chingnar, Police Station Benoor (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 19. Smt. Savitri Nag W/o Shyamlal Nag Aged About 35 Years R/o Village Chingnar Post And Panchayat Chingnar, Police Station Benoor (Police District Narayanpur), District : Kondagaon, Chhattisgarh. 20. Shyamlal Nag S/o Late Rohi Das Aged About 36 Years R/o Village Chingnar Post And Panchayat Chingnar, Police Station Benoor (Police District Narayanpur), District : Kondagaon, Chhattisgarh. ---Petitioners Versus 1. State Of Chhattisgarh Through Secretary, Home Department Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 2. Secretary General Administration Department Atal Nagar Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 3. Inspector General Of Police Bastar Division, District : Bastar(Jagdalpur), Chhattisgarh. 4. Superintendent Of Police Narayanpur, District : Narayanpur, Chhattisgarh. 5. The Collector Kondagaon, District : Kondagaon, Chhattisgarh. 6. Commissioner Bastar Division, District : Bastar(Jagdalpur), Chhattisgarh. 7. Station House Officer Police Station Benur, District : Narayanpur, Chhattisgarh. 8. Station House Officer Police Station Jhara, District : Narayanpur, Chhattisgarh --- Respondents AND WPC No. 318 of 2023 1. Jageshwar Yadav S/o Dinesh Yadav Aged About 25 Years R/o Village Kudhargaon Police Station Benur Tahsil And District Narayanpur, Chhattisgarh. 2. Smt. Dashari Yadav W/o Jageshwar Yadav Aged About 24 Years R/o Village Kudhargaon Police Station Benur Tahsil And District Narayanpur, Chhattisgarh. 3. Vednath S/o Rameshar Aged About 19 Years R/o Village Kudhargaon Police Station Benur Tahsil And District Narayanpur, Chhattisgarh. 4 4. Jayanti Potai D/o Manku Aged About 26 Years R/o Village Kudhargaon Police Station Benur Tahsil And District Narayanpur, Chhattisgarh. 5. Bajanu Salam S/o Chamaru Salam Aged About 27 Years R/o Village Kusalnar Police Station Jhara Tahsil Chhotedongar District Narayanpur, Chhattisgarh. 6. Smt. Shanti Salam W/o Dassuram Aged About 50 Years R/o Village Kusalnar Police Station Jhara Tahsil Chhotedongar District Narayanpur, Chhattisgarh. 7. Abc W/o. Xyz Nil. 8. Abc-1 W/o. Xyz-1 Nil. 9. Abc-2 D/o. Xyz-2 Nil. 10. Abc-3 W/o. Xyz-3 Nil ---Petitioners Versus 1. State Of Chhattisgarh Through Secretary, Home Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 2. Secretary General Administration Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 3. Inspector General Of Police Bastar Division, Chhattisgarh. 4. Superintendent Of Police Narayanpur, District : Narayanpur, Chhattisgarh. 5. The Collector Narayanpur, District : Narayanpur, Chhattisgarh. 6. Commissioner Bastar Division, Chhattisgarh. 7. Station House Officer Police Station Benur, District Narayanpur, Chhattisgarh. 8. Station House Officer Police Station Jhara, District : Narayanpur, Chhattisgarh. --- Respondents AND WPC No. 210 of 2023 1. Bisru Netam S/o Mehru Netam Aged About 40 Years R/o Village Jhakri Police Station Urandabeda Tahsil Pharasgaon, District : Kondagaon, Chhattisgarh. 2. Manku Potai S/o Shobhi Potai Aged About 38 Years R/o Village Jhakri Police Station Urandabeda Tahsil Pharasgaon, District : Kondagaon, Chhattisgarh. 3. Badray S/o Sukalu Aged About 19 Years R/o Village Jhakri Police Station Urandabeda Tahsil Pharasgaon, District : Kondagaon, Chhattisgarh. 5 4. Smt. Ranay Dugga W/o Dhaniram Aged About 24 Years R/o Village Jhakri Police Station Urandabeda Tahsil Pharasgaon, District : Kondagaon, Chhattisgarh. ---Petitioners Versus 1. State Of Chhattisgarh Through Secretary Home Department Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 2. Secretary General Administration Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 3. Inspector General Of Police Bastar Division, District : Bastar(Jagdalpur), Chhattisgarh. 4. Superintendent Of Police Kondagaon, District : Kondagaon, Chhattisgarh. 5. The Collector Kondagaon, District : Kondagaon, Chhattisgarh. 6. Commissioner Bastar Division Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. 7. Station House Officer Police Station Urandabeda, District : Kondagaon, Chhattisgarh --- Respondents AND WPC No. 893 of 2023 1. Smt. Savitri Korram W/o Jaldev Korram Aged About 38 Years R/o Village Pawda, Police Station Bade Dongar, Tehsil Pharasgaon, District : Kondagaon, Chhattisgarh. 2. Jaldev Korram S/o Kaveram Korram Aged About 40 Years R/o Village Pawda, Police Station Bade Dongar, Tehsil Pharasgaon, District : Kondagaon, Chhattisgarh. ---Petitioners Versus 1. State Of Chhattisgarh Through Secretary, Home Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 2. Secretary General Administration Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur, District : Raipur, Chhattisgarh. 3. Inspector General Of Police Bastar Division, District : Bastar(Jagdalpur), Chhattisgarh. 4. Superintendent Of Police Kondagaon, District : Kondagaon, Chhattisgarh. 5. The Collector Kondagaon, District : Kondagaon, Chhattisgarh. 6. Commissioner Bastar Division, District : Bastar(Jagdalpur), Chhattisgarh. 6 7. Station House Officer Police Station Kondagaon, District : Kondagaon, Chhattisgarh. --- Respondents AND WPC No. 208 of 2023 1. Pilsuram Sori S/o. Ramadhar Sori Aged About 40 Years R/o Telanga P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. 2. Singal Ram Sori S/o. Ramuram Aged About 38 Years R/o Telanga P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. 3. Suden Sori S/o. Mainuram, Aged About 25 Years R/o Telanga P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. 4. Sudhyari D/o. Mainuram Aged About 30 Years R/o Telanga P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. 5. Dhansay Sori D/o. Pilsuram Aged About 21 Years R/o Telanga P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. 6. Ramadhir Korram S/o. Sonaru Korram, Aged About 30 Years R/o Village Temrugaon Tahsil Kondagaon P.S. Baynar District Kondagaon Chhattisgarh. 7. Ram Poyam S/o Ghasiram Poyam Aged About 35 Years R/o Village Chalka P.S. Benur, Tahsil Kondagaon District Kondagaon Chhattisgarh. 8. Laxman S/o. Ghaisram Aged About 35 Years R/o Village Chalka P.S. Benur, Tahsil Kondagaon District Kondagaon Chhattisgarh. 9. Purshottam S/o. Jaybandu Aged About 30 Years R/o Village Chalka P.S. Benur, Tahsil Kondagaon District Kondagaon Chhattisgarh. 10. Smt. Rajbati W/o Ram Poyam Aged About 32 Years R/o Village Chalka P.S. Benur, Tahsil Kondagaon District Kondagaon Chhattisgarh. 11. Smt. Shivbati W/o Laxman Aged About 31 Years R/o Village Chalka P.S. Benur, Tahsil Kondagaon District Kondagaon Chhattisgarh. 12. Smt. Deshbati W/o. Purshottam Aged About 28 Years R/o Village Chalka P.S. Benur, Tahsil Kondagaon District Kondagaon Chhattisgarh. 13. Sugri Nag D/o Nohroo Nag Aged About 30 Years R/o. Hirri P.S. Farasgaon District Kondagaon Chhattisgarh. 14. Sugarbati Nag D/o. Nohroo Nag Aged About 28 Years R/o. Hirri P.S. Farasgaon District Kondagaon Chhattisgarh. 15. Smt. Sanvarin Nag W/o. Noharoo Nag Aged About 58 Years R/o. Hirri P.S. Farasgaon District Kondagaon Chhattisgarh. 16. Suknath Maravi S/o. Lakhmuram Maravi Aged About 30 Years R/o Village Kibaibalenga Tahsil Narayanpur P.S. Benur Tahsil Kondagaon District Kondagaon Chhattisgarh. 7 17. Ramdhar Maravi S/o. Somaru Maravi Aged About 35 Years R/o Village Kibaibalenga Tahsil Narayanpur P.S. Benur Tahsil Kondagaon District Kondagaon Chhattisgarh. 18. Smt. Rambati Maravi W/o. Suknath Maravi Aged About 26 Years R/o Village Kibaibalenga Tahsil Narayanpur P.S. Benur Tahsil Kondagaon District Kondagaon Chhattisgarh. 19. Smt. Gonchi Maravi W/o. Ramadhar Maravi Aged About 32 Years R/o Village Kibaibalenga Tahsil Narayanpur P.S. Benur Tahsil Kondagaon District Kondagaon Chhattisgarh. 20. Bholkuram @ Bhulku Poyam S/o. Jaraharam Poyam Aged About 57 Years R/o Village Bhiragaon P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. 21. Smt. Mangali Poyam W/o. Bholkuram @ Bhulku Poyam Aged About 51 Years R/o Village Bhiragaon P.S. Kondagaon Tahsil Kondagaon District Kondagaon Chhattisgarh. ---Petitioners Versus 1. State Of Chhattisgarh Through Secretary, Home Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur,district Raipur Chhattisgarh. 2. Secretary, General Administration Department, Atal Nagar, Mahanadi Bhawan, Nava Raipur,district Raipur Chhattisgarh. 3. Inspector General Of Police, Bastar Division, Chhattisgarh. 4. Superintendent Of Police, Kondagaon, District Kondagaon, Chhattisgarh. 5. The Collector, Kondagaon, District Kondagaon, Chhattisgarh. 6. Commissioner, Bastar Division, Chhattisgarh. 7. Station House Officer, Police Station Kondagaon, District Kondagaon, Chhattisgarh. 8. Station House Officer, Police Station Benur, District Kondagaon, Chhattisgarh. 9. Station House Officer, Police Station Baynar, District Kondagaon, Chhattisgarh. 10. Station House Officer, Police Station Farasgaon, District Kondagaon, Chhattisgarh. ... Respondents For Petitioner in all the petitions : Mr. Pravin Kumar Tulsyan, Advocate. For State/Respondents : Dr. Saurabh Kumar Pande, Deputy A.G. 8 Hon’ble Shri Justice Amitendra Kishore Prasad Order On Board 29/07/2026 1. As the identical issue involved in these writ petitions, they are being heard and decided together by this common order. 2. For the sake of gravity, WPC No.2/2023 is taken as a lead case. 3. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent to constitute Special Investigation Team to investigate the incident of communal violence subjected on the petitioner and to take legal action against the culprits who harassed, assaulted and destructed entire property of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent’s authorities to provide adequate protection to the petitioners and his family and directed for rehabilitation, restore their living at his village with dignity as there have been ousted from here village and profess his religion. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to grant just compensation to the petitioner on count of destruction of his entire property and the agony suffered by the petitioner due to the in human incident. 10.4 That, this Hon’ble Court may kindly be pleased to direct for inquiry against the negligent authorities who did not took immediate steps over the incident when it was at its initial stage and when they already had the information. 10.5 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 4. The State has filed the reply in this matter, according to which it has been stated that the grievance of the petitioners have already been redressed, as 9 such all the writ petitions have become infructuous, as it appears from the para 3 of the reply/return filed by the State, which is quoted as under:- “3. It is submitted that the instant writ petition as filed by the petitioner is entirely erroneous, misconceived and devoid of any substance. It is submitted that although there prevailed some tension amongst the local people in certain parts of Bastar Division, however the same was controlled with timely intervention of administrative and Police authorities. Although initially there was some dispute and bitterness among the people with regard to their belief and owing to the same some villagers had left their homes for which the authorities organized camps and have provided immediate shelter to those villagers till the situation got normalized and thereafter the people staying in the shelter returned to their homes and therefore the shelters were closed. It is submitted that the prevailing situation of tension has now subsided restoring peace and tranquility with the efforts of the authorities and presently there is no such tense situation as projected by the petitioner in the writ petition and there is no threat to the safety of any villagers or that of any of the petitioner.” 5. Learned counsel for the petitioner submits at this stage that the grievance of the petitioner in respect of compensation etc, is yet to be decided. 6. Considering the aforesaid aspect of the matter, this writ petition is dismissed as having become infructuous. However, petitioner is at liberty to file appropriate application before the authorities concerned for compensation and in turn, the authorities concerned are directed to decide the same in accordance with law. 7. With the aforesaid direction, this writ petition stands disposed of. 8. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha