Neutral Citation No. - 2025:AHC:22227-DB Court No. - 29 Case :- WRIT - C No. - 39996 of 2024 Petitioner :- Subash And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Babu Lal Ram,Pramod Kumar Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent Nos. 1 to 4 and Sri Bhupendra Kumar Tripathi, learned counsel for respondent no.5. 2. Petitioners assert that their father was allotted patta over forest land on 8.12.1978 initially for a period of 30 years. This lease was renewed upon deposit of lease rent. It is submitted that the petitioners' father died after constructing the house and the land is being utilized for agricultural and other purposes, for which lease was executed. It is submitted that petitioners otherwise belong to Other Backward Class and are permanent forest dwellers. Reliance has been placed upon provisions of Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006(in short "the Act, 2006") in order to submit that such possession of the petitioners are protected under the Act and necessary action is warranted at the level of District Magistrate. It is submitted that Forest Officers are trying to evict the petitioners without initiation of any proceeding. 3. Learned counsel appearing for respondents states that such claim would be dealt with by the second respondent in accordance with law. 4. Without commenting upon merits of the case, we dispose of the writ petition directing the respondent no.2//District Magistrate, Chandauli to consider the petitioners' claim for continuance of possession over the lease land keeping in view the terms of the lease as also the provisions of the Act, 2006. Such consideration would be made within a period of three months from the date of presentation of certified copy of this order. 5. Till such determination is made, petitioners, if are in possession would be allowed to retain their possession over the lease land, and the nature of the land would also be protected. Order Date :- 17.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad