1 2025:CGHC:26691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3103 of 2025 1 - Sakalram S/o Lakshan Aged About 65 Years R/o Village Raghubirur, P.S. And Tehsil Baikunthpur Distt. Korea Chhattisgarh, Current Address Tiragudi P.S.And Tehsil Ramanujnagar District Surajpur Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Forest And Ciimate Change Department, Aranya Bhawan, North Block Sector-19 Atal Nagar, Naya Raipur District Raipur Chhattisgarh 2 - Secretary Of Department Of Revenue And Disaster Management, Mahanadi Bhawan Naya Raipur Atal Nagar Chhattisgarh 3 - Collector, Baikunthpur Distt. Korea Chhattisgarh 4 - Divisional Forest Officer, Baikunthpur, Distt. Korea Chhattisgarh 5 - Assistant Commissioner, Tribal Welfare, Baikunthpur District Korea Chhattisgarh 6 - Sub Divisional Officer Tehsil Baikunthpur, District Korea Chhattisgarh 7 - Through Secretary, Gram Panchayat, Kabamnara, District Korea Chhattisgarh 8 - Main Prasad S/o Ramsai Aged About 55 Years R/o Village Raghunathpur, P.S. And Tehsil Baikunthpur District Korea Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Chetna Sharma, Advocate For Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer 2 Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 23/06/2025 1. With the consent of the parties, the present matter is heard finally. 2. The petitioner has filed the present petition praying for the following relief(s): “10.1 Hon’ble Court may be kind and gracious enough to call for the records of the case from the respondents. 10.2 Hon’ble Court may be kind to set aside the illegal revenue proceedings initiated by respondents no. 6 for by issuance of writ of mandamus or any other writ/writs, order/orders. 10.3 Hon’ble Court may kindly be please to pass direction to the concerning revenue authority i.e. respondent no. 3 to decide the application dated 30.04.2025 of the petitioner. 10.4 Hon’ble Court may kindly be pleased to pass direction to the concerning revenue authority, i.e. respondent no 3 to provide relevant information sought by the petitioner under right to information or any other relief/reliefs which Hon’ble Court may deem fit in the facts and circumstances of the instant case.” 3 3. Brief facts of the case are that the petitioner is aggrieved by the illegal act of the respondents as private respondent no. 8 has been granted patta under forest right over the subject land occupied by the petitioner and inaction of the respondent authorities, for not deciding the application filed by the petitioner and also not providing the case status even after filing application under right to information act on multiple occasion, has filed the instant petition seeking a direction towards the respondent no. 3 to decide the application filed by the petitioner. 4. Learned counsel for the petitioner submits that the order dated 24.03.2013 passed by sub-divisional level committee is devoid of any merit and perverse in the eyes of law. The petitioner is deprived of his right to lease under the forest right due to the illegal act of private respondent no. 8. 5. Learned State Counsel submits that patta has been granted to private respondent no. 8 as per law and the dispute is between the petitioner and private respondent no. 8, therefore the present petition is not maintainable and deserves to be dismissed. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. On perusal of record I have found that petitioner is having possession over land bearing Khasra No. 446 rakba 0.20 hectare which is a government land registered as forest land (Chhote Jhar ka Jangal) in the revenue records situated in Village- Raghubirpur District- Korea (C.G.). In 2013 the private respondent no. 8 by illegal colluding with the Halka Patwari and the Sarpanch and Secretary of the Gram Panchayat has got 4 the site inspection panchnama prepared of the subject land and illegally registered his name to obtain lease over the land under forest right, in the furtherance of same on 24.03.2013 the Sub-divisional level committee i.e. respondent no. 6 has forwarded the report to the district level committee i.e. respondent no. 3. The petitioner has filed an appeal before the respondent no. 3 challenging the order dated 24.03.2013 and prayed for cancelling the patta granted to the private respondent no. 8. The appeal was registered and after due proceeding it was disposed of on 29.02.2024 with an observation that the matter pertains to Scheduled Tribes and Others Traditional Forest Dwellers (Recognition of Forest Right), Rules, 2007 and petitioner was asked to file a separate application under Rule 15 of the said Rules of 2007 before District Level Committee. In compliance of the order dated 29.02.2024 petitioner preferred an application before District Level Committee on 30.04.2025 raising his grievance but till date no proceeding has been conducted on the said application. 8. It is directed that the respondent no. 3 shall decide the application filed by the petitioner on 30.04.2025 as per law/rules/regulation expeditiously as soon as possible. 9. With the aforesaid direction, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima