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HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4525 of 2021 • Basant Prakash Kurre, S/o Sukhiram Kurre, Aged About 31 Years, R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Petitioner Versus
1. State of Chhattisgarh, Through Chief Secretary, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Secretary, Department of Home, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
4. Superintendent Of Police, Janjgir Champa, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
5. Thana In-Charge, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
6. Tehsildar, Malkharoda, District Janjgir Champa Chhattisgarh, District :
Janjgir-Champa, Chhattisgarh
7. Janakram Khunte, S/o Dujeram Khunte, Aged About 55 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
8. Nanakchand Khunte, S/o Dujeram Khunte, Aged About 47 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
9. Hitesh Baghel S/o Sadhuram Baghel, Aged About 35 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa
10.Bhagatram Khunte S/o Mitthulal Khunte, Aged About 65 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa
11.Pukram Khunte S/o Dwaruram Khunte, Aged About 60 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
12.Narayan Prasad Rai S/o Samaruram, Aged About 48 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
13.Firatram Kurrey S/o Dasaram, Aged About 65 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
14.Mohitram Rai S/o Kariyaram, Aged About 38 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Respondents WPC No. 4535 of 2021 • Shyam Kumar Baghel S/o Ram Singh Aged About 55 Years R/o Village Chhapora, Police Station - Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through Chief Secretary, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
3. Collector, Janjgir-Champa, District Janjgir-Champa (Chhattisgarh), 4. Superintendent Of Police Janjgir-Champa, District Janjgir-Champa 5. Thana In-Charge, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
6. Tehsildar Janjgir-Champa, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
7. Janakram Khunte S/o Dujeram Aged About 55 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
8. Nanakchand Khunte S/o Dujeram Khunte Aged About 47 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
9. Hitesh Baghel S/o Sadhuram Baghel Aged About 35 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
10.Bhagatram Khunte S/o Mitthulal Khunte Aged About 65 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
11.Pukram Khunte S/o Dwaruram Aged About 60 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
12.Narayan Prasad Rai S/o Samaruram Aged About 48 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
13.Firatram Kurrey S/o Dasaram Aged About 65 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
14.Motiram Rai S/o Kariyaram Aged About 38 Years R/o Village Chhapora, Police Station Malkharoda, District Janjgir-Champa ---- Respondents __________________________________________________________
For petitioner : Ms. Rajni Soren, Advocate.
For State : Mr. Aditya Bhardwaj, Panel Lawyer in WPC No.4525/2021.
: Mr. Ravi Kumar Bhagat, Dy. Govt. Advocate in WPC No.4535/2021.
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Hon'ble Shri Justice Rajendra Chandra Singh Samant
['RAJNI SOREN', '', 'AMARNATH PANDEY', 'KISHORE NARAYAN', 'Ankita Shriwas', 'Kanta Nandi', 'A G']
Order On Board
12/11/2021 Heard.
1. Heard on petition and on the application for grant of interim relief. 2. It is submitted that the petitioners in both the cases are residents of Village-Chhapora, District-Janjgir Champa.
3. It is submitted that the village-Chhapora, is predominantly Hindu by religion but some of the villagers have started visiting Christian Church at Kurda & Malkharoda. Rest of the villagers held Panchayat. Decision was taken in the panchayat to make a social boycott of the villagers visiting church or practicing Christianity. The petitioners and others lodged FIR in police-station Malkharoda and also submitted complaint before Superintendent of Police-Janjgir Champa. Representation has also been made to Chief Minister.
4. It is submitted that the respondent authorities have not taken any action of the complaints given by the petitioners. The petitioners are facing hardships because of the social boycott. Therefore, writ of mandamus be issued directing the respondent authorities to conduct an inquiry with regard to socio economic boycott of the petitioners and their families directing the authorities to take appropriate measures to bring an end to the social boycott of the petitioners and their family members and also direction for lodging of FIR against the persons concerned and for grant of compensation to the petitioners.
5. Learned State counsel opposes the submission made in this respect and submits that directions if issued shall be complied by the respondent authorities.
6. Considered on the submissions.
7. Perused the documents filed along with the petitions. Article 25 of the constitution of India provides for freedom of conscience, the freedom to profess, practice and propagate religion to all citizens. Duty has been cast upon the State to make regulations for protection of the freedom of religion granted in this provision. As per the submissions, the complaints have been made to the police authorities and also to the administrative authorities on which no action has been taken so far. It is the duty of the respondent authorities to come to the rescue of the petitioners who are facing difficulties on account of their socio economic boycott. Hence, the petitions are disposed off at motion stage. Respondents No.3 & 4 are directed to take action on the grievance of the petitioners in all three cases and make all efforts to resolve the dispute present and bring harmony amongst the villagers so that the socio economic boycott against the petitioners and their family members comes to an end. 8. With these observations, petitions are disposed off.
