Extracted from the PDF above. The PDF is authoritative.
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CGHC010318622026
2026:CGHC:37037
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4323 of 2026 1 - Anand Ram Markam S/o Puran Markam Aged About 62 Years R/o Village Bhothapara, P.S. Keregaon, District : Dhamtari, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Management And Disaster Mahanadi Bhawan, Atal Nagar, Naya Raipur, District
:
Raipur,
Chhattisgarh 2 - Collector Balod, District : Balod, Chhattisgarh 3 - Assistant Commissioner Tribal Development Department Balod, District
:
Balod,
Chhattisgarh 4 - Sub Superintendent Of Police A.J.A.K. Balod Chhattisgarh
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Chandrasen Chouhan, Advocate For State :- Mr. Anmol Sharma, P.L. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 19.08.2026
1. By way of the present writ petition, the petitioner seeks a direction to the respondent authorities for grant of compensation claimed VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 on account of the death of her son, namely Bhagwat Markam, under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Rules framed thereunder and the applicable Government circular/guidelines.
2. Following reliefs have been prayed in this petition:-
“(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities consider the representation and to pay compensation amount of Rs. 8,25,000/- on account of death of the deceased as per circular of the Government, within stipulated time, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted, in the interest of justice.”
3. Learned counsel appearing for the petitioner submits that the petitioner's son, Bhagwat Markam, was murdered by Raja Yadav @ Rajvir, Rakesh Kumar Rohidas and Karan Suryavanshi and, as per the applicable Government guidelines/circular and the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules framed thereunder, the petitioner claims compensation of Rs.8,25,000/- on account of his death. It is submitted that the deceased was the only earning member of the family and the petitioner and other family members were dependent upon his income. Learned counsel further submits that the petitioner belongs to the Scheduled Caste community and has already submitted an application before the Collector, Balod seeking grant of
3 compensation. It is further submitted that the Assistant Commissioner, Tribal Development, Balod has also issued a communication to the Additional Superintendent of Police regarding payment of compensation in terms of the amended Rules of 2016. Learned counsel refers to the notification dated 14.04.2016 and submits that the petitioner is entitled to the benefit of compensation prescribed thereunder. It is also submitted that a similar issue was considered by this Court in W.P.(C) No.2456 of 2026 vide order dated 14.05.2026. However, the claim of the petitioner has not been considered by the respondent authorities.
Learned counsel, therefore, prays that the competent authority may be directed to consider and decide the petitioner's pending claim for compensation in accordance with law.
4. Learned State counsel, appearing for the respondents, submits that the claim of the petitioner may be considered by the competent authority in accordance with law and the applicable provisions, Rules and Government guidelines. It is further submitted that, if this Court considers it appropriate, a direction may be issued to the competent authority to consider and decide the petitioner's representation within a stipulated period, without expressing any opinion on the merits of the claim.
5. I have heard learned counsel for the parties and perused the material available on record.
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6. Considering the facts and circumstances of the case and particularly the limited prayer made by learned counsel for the petitioner, without commenting upon the merits or entitlement of the petitioner, this Court deems it appropriate to dispose of the present writ petition with a direction to the competent authority to consider and decide the pending representation/claim of the petitioner seeking grant of compensation under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules framed thereunder, as well as the applicable Government circulars/guidelines, after duly verifying the claim of the petitioner from the relevant records and documents and thereafter pass an appropriate, reasoned and speaking order in accordance with law, expeditiously, preferably within a period of 120 days from the date of receipt of a certified copy of this order.
7. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim or his entitlement to the compensation claimed.
8. With the aforesaid direction, the instant writ petition stands
disposed of.
sd/- (Amitendra Kishore Prasad) Judge Vishakha