1 2026:CGHC:16128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2631 of 2020 1 - Shivram Poyam S/o Maddaram Poyam, Aged About 32 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 2 - Tularam Sodi, S/o Dhuru Ram, Aged About 29 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 3 - Laxman Baghel, S/o Tangru Baghel, Aged About 46 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 4 - Sukhram Baghel, S/o Budhuram Baghel, Aged About 34 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 5 - Lakhuram Baghel, S/o Tangru Baghel, Aged About 42 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 6 - Sonva Ram Netam, S/o Maso Netam, Aged About 44 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 7 - Mangalu Poyaam, S/o Ramo Ram, Aged About 46 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 8 - Labharam Nag, S/o Madda Nag, Aged About 42 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 9 - Lachhani Sori, W/o Dhuru Ram, Aged About 56 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 10 - Smt. Dashmati Poyam, W/o Shivram Poyam, Aged About 31 Years R/o Village Kakadabeda, District Kondagaon Chhattisgarh 11 - Konda Ram Korram, S/o Lakhama Ram Korram, Aged About 51 Years R/o Village Tiliyabeda, District Kondagaon Chhattisgarh 12 - Boti Ram Korram, S/o Bosa Ram Korram, Aged About 54 Years R/o Village Tiliyabeda, District Kondagaon Chhattisgarh YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.04.13 10:21:15 +0530 2 13 - Laxman Ram Poyam, S/o Devnath Poyam, Aged About 36 Years R/o Village Singanpur, District Kondagaon Chhattisgarh 14 - Vijay Kumar Sori, S/o Aayturam Sori, Aged About 35 Years R/o Village Singanpur, 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 - Sub Divisional Magistrate, Kondagaon, District Kondagaon Chhattisgarh 8 - Executive Magistrate, Kondagaon, District Kondagaon Chhattisgarh 9 - Station House Officer, Police Station Kondagaon, District Kondagaon Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Pravin Kumar Tulsyan, Advocate For State/Respondents : Mr. Sangharsh Pandey, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.04.2026 1. By way of this writ petition, the petitioners assail the inaction and failure of the respondent authorities in protecting their fundamental rights guaranteed under Articles 14, 21 and 25(1) of the 3 Constitution of India. The petitioners, belonging to the Christian minority community from villages Kaakadabeda, Tilyabeda and Singanpur, District Kondagaon (C.G.), were subjected to communal violence, including harassment, assault, forced attempts at religious conversion, and ouster from their homes. It is alleged that around 16 families were displaced, their houses and belongings destroyed, and women members were subjected to molestation. Despite bringing these grave incidents to the notice of the authorities, no effective action was taken. Accordingly, the petitioners seek directions for constitution of a Special Investigation Team for an independent probe, initiation of action against the perpetrators, and grant of compensation for the losses and suffering endured by them. The petitioners have prayed for following relief(s) :- “10.1 That, this Hon'ble Court may kindly be pleased to constitute or direct the respondent to constitute Special Investigation Team to investigate the incident of communal violence subjected on the petitioners and to take legal action against the culprits who harassed, assaulted and molested the female members and destructed entire property of petitioners. 10.2 That, this Honorable court may kindly be pleased to direct the respondent's authorities to provide adequate protection to the petitioners and their families and restore their living at their respective village with dignity as there have 4 been ousted from here village and profess their religion. 10.3 That, this Honorable court may kindly be pleased to direct the respondent authorities to grant just compensation to the petitioner on count of destruction of their entire property and the agony suffered by the petitioner due to the in human incident. 10.4 That, this Honorable 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, in accordance with the Honorable Supreme Court's directions in Tehseen S. Poonawalla v. Union of India & Ors. (2018) 9 SCC 501; 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.” 2. Brief facts of the case, are that the petitioners, belonging to the Christian minority community and residing in villages Kaakadabeda, Tilyabeda and Singanpur in District Kondagaon, Chhattisgarh, are stated to be peaceful citizens who have been professing and practicing their religion for several years. In September 2020, certain antisocial elements convened meetings in village Kaakadabeda, wherein the petitioners were allegedly coerced to renounce their faith and convert to Hinduism. Upon 5 their refusal, the petitioners were subjected to threats, physical assault and intimidation. Thereafter, mobs attacked their houses, destroyed their belongings, and forcibly ousted around 16 families from their homes. It is further alleged that women members were subjected to molestation and outraging of modesty during these incidents. 3. Despite repeated complaints made by the petitioners to the local police authorities, Superintendent of Police, Collector and other higher officials between 20.09.2020 and 17.10.2020, no effective preventive or punitive action was taken. On the contrary, instances are cited where even the victims were proceeded against under preventive provisions of law. The petitioners have placed on record written complaints, digital evidence and newspaper reports to substantiate the occurrence of communal violence and the inaction of the authorities, even in instances where such acts allegedly took place in their presence. 4. Learned counsel for the petitioners submits that, though the incidents in question pertain to the year 2020, the grievances of the petitioners have not been redressed till date and, therefore, the cause of action still survives. It is contended that the petitioners, who belong to a vulnerable minority community, were subjected to grave acts of communal violence, including assault, molestation, destruction of property and forcible displacement from their villages. Owing to the inaction and apathy of the 6 respondent authorities at the relevant point of time, the perpetrators were emboldened and the petitioners suffered irreparable loss, both physical and mental. It is further submitted that despite repeated representations and complaints to various authorities, no effective steps were taken either to rehabilitate the petitioners or to compensate them for the damage caused to their houses and belongings. In such circumstances, even if the petition has, to some extent, been rendered infructuous with regard to certain reliefs, the petitioners are still entitled to appropriate compensation and remedial measures on account of violation of their fundamental rights under Articles 14, 21 and 25(1) of the Constitution of India. 5. Per contra, learned State counsel opposes the submissions advanced on behalf of the petitioners and submits that, upon receipt of complaints, the authorities did initiate action in accordance with law. It is contended that an FIR was registered with respect to the alleged incident and, after due investigation, a charge-sheet has also been filed before the competent court. It is further submitted that the matter is sub judice and is being adjudicated in accordance with law. Learned State counsel submits that, in case any culpability is established against the accused persons upon conclusion of trial, appropriate action shall be taken strictly in accordance with law. It is also contended that the present writ petition does not survive for consideration in view 7 of the subsequent developments and, therefore, does not warrant interference by this Court in exercise of its writ jurisdiction. 6. I have heard learned counsel for the parties at length and perused the pleadings and material available on record, including the documents annexed along with the writ petition. 7. From a perusal of the pleadings and the nature of reliefs sought by the petitioners, it appears that the principal grievance of the petitioners pertains to alleged inaction on the part of the respondent authorities in addressing their complaints relating to communal violence, as well as the consequential loss and suffering endured by them. In view of the submissions made and the material placed on record, this Court is of the considered opinion that the issues raised involve disputed questions of fact, including assessment of damage, identification of perpetrators and determination of entitlement to compensation, which are matters that can more appropriately be examined by the competent authorities in accordance with the procedure prescribed under law. 8. Accordingly, it would be appropriate to grant liberty to the petitioners to approach the concerned authorities by submitting a comprehensive representation along with all supporting documents and evidence in support of their claims within a period of 15 days from the date of receipt of certified copy of this order. In the event such a representation is made, the competent authority shall consider and decide the same in accordance with law, by 8 passing a reasoned and speaking order within a further period of 60 days from the date of filing of such representation. 9. With the aforesaid observations and liberty, the instant writ petition stands disposed of. 10. There shall be no order as to cost(s). Sd/- (Amitendra Kishore Prasad) Judge Yogesh