1 2025:CGHC:16676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1763 of 2025 1 - Smt. Sandhya Gupta W/o Shri Nandlal Gupta Aged About 44 Years R/o Village Kapildevpur P.S. Chalgali Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Forest Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Office (Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Ramanujganj District - Balrampur - Ramanujganj (C.G.) 6 - Divisional Forest Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 7 - Forest Range Officer Forest Range Balrampur District - Balrampur - Ramanujganj (C.G.) 8 - Chief Executive Officer Janpad Panchayat Balarampur District - Balrampur - Ramanujganj (C.G.) 9 - Gram Panchayat Kapildevpur Through Secretary Gram Panchayat VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.15 10:48:34 +0530 2 Kapildevpur Janpad Panchayat Balrampur District - Balrampur - Ramanujganj (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. A.N. Pandey, Advocate (through video Conferencing) and Ms. Akancha Vishwakarma, Advocate For State :- Mr. Anmol Sharma, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 09.04.2025 1. Petitioner has filed this Writ Petition under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not make any construction/not made any other activities / not dispossess the petitioner from the subject land bearing compartment no. P-184, rakba 0.88 hectare situated at village Kapildevpur, till the decision of the proceeding for grant of Van Adhikar Patta of the subject land of petitioner. 10.2 That, this Hon'ble court may kindly be pleased to direct the respondent authorities to consider/ decide the pending proceeding for grant of Van Adhikar Patta of the subject land of petitioner within stipulated period. 3 10.3 That, the any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioners submits that the State Government has already initiated proceedings for grant of "Van Adhikar Patta" to the petitioner and other similarly placed persons dwelling in the forest area. However, pending the said proceedings the respondents have now initiated steps for carrying out plantation over the land which is in possession of the petitioner and over which he is claiming the "Van Adhikar Patta". According to the counsel for the petitioner, recently the petitioner has again approached the State Authorities by filing a representation for considering his representation, at the earliest. However, no further positive response has been received from the State Authorities in that regard. Meanwhile, the respondents is said to have initiated the plantation drive over the land, which if carried out can cause substantial damage/loss to the petitioner, who earns his livelihood from cultivating the said land. 3. Learned State counsel submits that the petitioner is an encroacher and he is not having any legal documents to show the ownership of his land, as such, he is an encroacher. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Considering the aforesaid submissions made by the parties, and 4 considering the aforesaid aspect of the matter, the concerned competent respondent authority is directed to consider and decide the pending application/representation of the petitioner which is pending before the concerned District Level Committee, District Balrampur, in accordance with law within a further period of 45 days from the date of receipt of the copy of this order. 6. Till the decision of the said representation, it is directed that no coercive steps shall be taken against the petitioner in respect of the land in question. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned District Level Committee, District Balrampur, is at liberty to pass orders on its own merits, in accordance with law. 8. With this observation/direction, the writ petition stands disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha