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2026 DAILYLAW 34216 (CHH)

RAKESH KUMAR SURYAVANSHI v. STATE OF CHHATTISGARH

WPC/4423/2026 · 2026-08-30

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010315982026 2026:CGHC:38268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4423 of 2026 Rakesh Kumar Suryavanshi Son Of Shivnarayan Suryavanshi Aged About 25 Years Resident Of Ward No. 10, Suryavanshi Mohalla Seoni, P.S. Janjgir District Janjgir - Champa (C.G.) ... 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 Janjgir-Champa District Janjgir-Champa Chhattisgarh 3 - Assistant Commissioner Tribal Development Department Janjgir District Janjgir-Champa Chhattisgarh 4 - Sub Superintendent Of Police Ajak Janjgir-Champa Chhattisgarh ... Respondent(s) (Cause Title Taken from CIS System) For Petitioner(s) : Mr. Chandrasen Chouhan, Advocate For Respondent(s) : Mr. Amit Nayak, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 31/08/2026 Digitally signed by AMIT PATEL 2 1. By filing the present writ petition, the petitioner calls in question the inaction on the part of the respondent authorities in not granting compensation of Rs.8,25,000/- under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules framed thereunder, despite the alleged murder of the brother of the petitioner namely Roshan Kumar and registration of offence under Section 103 (1) of B.N.S./302, 34 of IPC against the accused persons and seeks a direction to the respondents to release the admissible compensation in accordance with law. The petitioner has prayed for following relief(s):- “ 10.1 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. 10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted, in the interest of justice.” 2. Learned counsel appearing for the petitioner submits that the brother of the petitioner, namely Roshan Kumar was allegedly murdered by the accused persons namely, Ashish Suryawanshi 3 @ Ashish Pradhan and Atul Mahant pursuant to which FIR No. 116/2026 dated 08.02.2026 came to be registered at Police Station- Janjgir, District- Janjgir-Champa. It is further submitted that during the course of investigation, offences punishable under Sections 103(1) and 3(5) of the B.N.S. have been registered against the accused persons. He would further submit that the petitioner belongs to Scheduled Caste community and is entitled for compensation of Rs.8,25,000/- under Clause 45 of the Schedule appended to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules/Guidelines issued thereunder. It is submitted that despite submission of several representations before the competent authorities, the claim of the petitioner has not been considered till date. Learned counsel for the petitioner has placed on record social status certificate belonging to the deceased, according to which the deceased belongs to Suryavanshi caste, as such he belongs to Scheduled Caste. He, therefore, prays for a limited direction to the respondent authorities to consider and decide the pending representation of the petitioner in accordance with law 3. Learned counsel for the respondents submits that in view of the limited prayer made by learned counsel for the petitioner seeking consideration of the pending representation, the respondents have no objection if the same is directed to be decided in accordance with law. 4 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and particularly considering the limited prayer made by learned counsel for the petitioner, without commenting anything on the merits of the claim of the petitioner, this Court deems it appropriate to dispose of the present writ petition directing respondent No.2/competent authority to consider and decide the pending representation(s) 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, strictly in accordance with law, expeditiously, preferably within a period of 120 days from the date of receipt of certified copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid observations and directions this writ petition stands disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL