[Cites 3, Cited by 0]
Chattisgarh High Court
Ramratan Kaushik vs State Of Chhattisgarh on 18 March, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 779 of 2026
Ramratan Kaushik S/o Lt. Shivdulare Kaushik Aged About 65 Years
R/o Beltara, P.S. Ratanpur, District-Bilaspur (CG)
... Petitioner(s)
versus
1. State of Chhattisgarh Through The Secretary Home,
Mantralaya, Mahanadi Bhawan, Naya Raipur District- Raipur
(CG)
2. The Superintendent of Police Bilaspur, District-Bilaspur (CG)
3. State of Chhattisgarh Through Sho, P.S. Ratanpur, Distt.
Bilaspur (CG)
4. District Education Officer Bilaspur, District-Bilaspur (CG)
5. Dilip Jaisawal S/o Late Duchiram Jaiswal Aged About 45 Years
Occupation Agriculturist Cum Business, R/o Beltara, Police
Station Ratanpur Tahsil And District Bilaspur (Cg)
... Respondent(s)
Digitally
signed by
(Cause-title taken from Case Information System)
BRIJMOHAN
BRIJMOHAN MORLE
MORLE Date:
2026.03.18
17:46:51
+0530
Order Sheet
18/03/2026 Heard Mr. Shikhar Agnihotri, learned counsel
for the petitioner. Also heard Mr. Nitansh Kumar
Jaiswal, learned Deputy Government Advocate
appearing for the State/respondents No. 1 to 4.
Learned counsel for the petitioner submits that
the wife of the petitioner, namely Smt. Ishwar Bai
Koushik, was serving as Sarpanch of Gram
Panchayat Beltara during the relevant period. During
her tenure, the Principal of Government Higher
Secondary School, Bemetara, submitted complaints
dated 30.01.2022 and 14.02.2022 alleging that the
Government High School, Beltara, constructed in the
year 2006-07, had fallen into a dilapidated condition.
It was further alleged that since January 2022,
unknown miscreants had been stealing doors and
windows of the said school building, and accordingly,
a request was made to the SHO, Ratanpur, to take
appropriate action. It is further submitted that local
newspapers also reported the deteriorating condition
of the said school building.
It is further contended by the learned counsel
for the petitioner that on 26.05.2023, the petitioner,
along with members of the Shiksha Samiti and the
Principal, inspected the school premises and found
that from the backside of the building, windows, grills,
courtyard railings, and other fixtures had been stolen.
The petitioner immediately informed the SDM, Shri
Shubhash Singh Raj, who orally directed the Shiksha
Samiti members to secure the remaining materials.
Subsequently, on 28.05.2023, certain minor students
aged between 12 to 14 years were found involved in
removing windows; their parents were called and,
after counseling, the matter was resolved.
Learned counsel for the petitioner would submit
that on 29.05.2023, with the consent of the School
Shala Prabandhan Samiti, the remaining windows,
doors, channel gates, and railings were carefully
detached from the damaged structure to prevent
further theft and were kept in safe custody at the Girls
Saheli Prathmik School Building, Beltara. The Farsi
stones were utilized by the Principal within the
school/college premises. It is submitted that the
petitioner has never retained possession of any
school property for personal use and that all
materials were kept within the school premises with
the knowledge and consent of the Shiksha Vikas
Samiti. Such preventive action was necessitated due
to continuous theft incidents between 2022 and May
2023. He further stated that respondent No. 5, who
initiated complaints against the petitioner, had earlier
been subjected to encroachment proceedings by
Gram Panchayat Beltara and was penalized by the
Hon'ble High Court with costs of Rs. 20,000/- in Writ
Appeal No. 129/2021.
Learned counsel for the petitioner submits that
the petitioner has not committed any act of mischief
or caused damage attracting penal liability. On the
contrary, pursuant to repeated complaints by
respondent No. 5, an inquiry was conducted by the
Sub-Engineer, Janpad Panchayat Bilha, who
submitted a report dated 21.02.2024 to the Chief
Executive Officer, Janpad Panchayat Bilha. He
further submits that a subsequent inquiry conducted
by a three-member committee on 03.07.2024
concluded that the removal of windows, doors,
channel gates, and railings was carried out with the
consent of the Shala Vikas Samiti and that all such
materials were kept safely within the school
premises. The committee found that no offence was
made out against any individual. It is also submitted
that the petitioner informed the District Education
Officer, Bilaspur, regarding the aforesaid facts vide
representation dated 26.12.2025.
It is further argued by the learned counsel for
the petitioner that the District Education Officer,
Bilaspur, communicated to the SHO, Ratanpur, that
although respondent No. 5 alleged theft of Rs.
65,00,000/-, the total estimated value of the school
property was only Rs. 24,61,000/-. It is also
submitted that the Collector reported to the Director,
Public Instruction, that the detached materials from
the deteriorated school building were safely kept
within the school premises and that no theft had been
committed by the petitioner. He further stated that
despite the availability of material demonstrating that
the petitioner has not caused any damage to public
property, an FIR has been registered against the
petitioner and the then Principal. Prima facie, from a
reading of the FIR and the material on record, no
offence under Section 427/34 IPC or Section 3 of the
Prevention of Damage to Public Property Act appears
to be made out. The FIR appears to have been
lodged at the instance of respondent No. 5 with an
intent to harass the petitioner.
Accordingly, issue notice to the respondents by
speed post.
Learned State counsel accepts notice on behalf
of respondents No. 1 to 4; hence, issuance of notice
to them is dispensed with.
Process fee be paid within one week for
issuance of notice to respondent No. 5.
Notice be made returnable within four weeks.
Two weeks' time is granted to learned State
counsel and respondent No. 5 to file their reply-
affidavits. Thereafter, two weeks' time is granted to
learned counsel for the petitioner to file a rejoinder-
affidavit.
List the matter thereafter.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Brijmohan
