Petitioner sought protection to bury his deceased uncle's body in the village Bagjhar burial ground after villagers objected. The State undertook to provide protection at the prescribed place under the 1999 Rules. Court disposed of the petition directing respondents to provide security if required.
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2024:CGHC:49338
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 6295 of 2024
Lachhu Kachlam S/o Mangtu Aged About 31 Years R/o Village Bagjhar, Police Station - Jhara, District : Narayanpur, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh
2 - Secretary Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
... Respondents
For Petitioner : Ms. Rajni Soren, Advocate. For Respondent(s) : Mr. Prafull N. Bharat, Advocate General with Mr. Praveen Das, Dy. Advocate General.
(Hon’ble Mr. Justice Naresh Kumar Chandravanshi)
Order on Board
13/12/2024
Heard.
uncle namely late Mangel Kachlam was resident of Village Bagjhar, Police Station – Jhara, District Narayanpur (C.G.). He expired on 09.12.2024 and his dead body is kept in mortuary of District Hospital, Narayanpur. It is contended that family members of the deceased wanted to bury his dead body in
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burial ground of village Bagjhar, but village Patel and some other villagers raised objection that they will not permit to bury the dead body of deceased in the village Bagjhar. She further submits that deceased belonged to Schedueld Tribal community and he used to follow tribal customs and traditions, therefore, his family members want to bury his dead body as per tribal rituals and traditions, therefore, this petition may be disposed of directing respondents No. 3 & 5 to provide appropriate protection so that dead-body of deceased - Mangel Kachlam can be buried in an identified burial ground prescribed for village Bagjhar as per tribal customs and tradition. She further submits that she does not want to press on the prayer that petitioner be permitted to bury dead body of deceased – Mangel Kachlam at her private ancestral land.
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Sd/-
Amit
(Naresh Kumar Chandravanshi) Judge
AMIT Digitally signed by AMIT KUMAR KUMAR DUBEY Date: 2024.12.13 DUBEY 17:56:45 +0530
1 issue framed by the court
Whether respondents Nos. 3 to 5 should be directed to provide protection for burial of a Scheduled Tribe man's body in the village burial ground per tribal customs despite villagers' objection.
1 provisions across 1 enactments
Lachhu Kachlam
State Of Chhattisgarh Through Chief Secretary
Secretary Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Collector Narayanpur
Superintendent Of Police Narayanpur
Thana In-Charge Police Station - Jhara
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
