1 / 4 2025:CGHC:26114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3073 of 2025 1 - Sariyam Ansari W/o Hanif Ansari Aged About 55 Years 2 - Hanif Ansari S/o Latif Ansari Aged About 60 Years Both are R/o Village - Lawa, Village Panchayat - Lawa, P.S. And Tahsil - Ramanujganj, District Balrampur-Ramanujganj (C.G.) ... Petitioners versus 1 – State of Chhattisgarh Through - The Department of Revenue, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - The Secretary Department of Forest, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 3 - The Collector - Balrampur / Chairman of The District Level Van Adhikar Committee - Balrampur District Balrampur-Ramanujganj (C.G.) 4 - The Sub-Divisional Officer (Revenue) / Chairman of Divisional Level Van Adhikar Samiti- Ramanujganj District Balrampur-Ramanujganj (C.G.) 5 - The Naib Tahsildar Ramanujganj, District Balrampur-Ramanujganj (C.G.) 6 - President of Panchayat Level Van Adhikar Committee Village Panchayat - Lawa, Tahsil - Ramanujganj, District Balrampur-Ramanujganj (C.G.) 7 - Gram Panchayat - Lawa Through The Secretary, Gram Panchyayat Lawa, Tahsil - Ramanujganj, District Balrampur-Ramanujganj (C.G.) 8 – Patwari of Patwari Halka No. 27 / Member of Panchayat Level Van Adhikar Committee Village Panchayat - Lawa, Circle Division - Ramchandrapur, District Balrampur-Ramanujganj (C.G.) ... Respondents ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.24 13:25:28 +0530 2 / 4 For Petitioner : Mr. A.N. Pandey, Advocate For State : Ms. Akanksha Verma Dhabadker, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 20/06/2025 1. The instant petition has been filed being aggrieved with the order dated 30/05/2025 issued by the Tahsildar, whereby the petitioners have been directed to be evicted from the subject land and residential house constructed on the land bearing Khasra No.51, area 1.20 hectare, situated at village Lawa, Tahsil Ramanjuganj, District Balrampur-Ramanujganj, C.G. despite the fact that the petitioners are in possession of the said land since a long period. 2. The brief facts of the case as projected by the petitioners are that the petitioners are in possession of the subject land since long period and they have constructed a residential house on some portion of the land and residing with their family and on rest of the land they are cultivating the land regularly. The proceedings of grant of Van Adhikar Patta of the subject land initiated by the Panchayat Level Committee- Village Panchayat Lawa and after enquiry Panchayat Level Committee has found the petitioner No.1 to be eligible for grant of Van Adhikar Patta and sent the same to Respondent No.4 i.e. Divisional Level Van Adhikar Samiti-Ramanujganj, District Balrampur-Ramanujganj which is still pending. During pendency of the proceeding for grant of Van Adhikar Patta of the subject land in the name of Petitioner No.2, Respondent No.5 Tahsildar- 3 / 4 Ramanujganj issued notice to the petitioner No.2 under Section 248 of the CGLRC, 1959 for removal of illegal encroachment of the land in question treating the petitioners as encroacher and trying to dispossess the petitioners from the subject land and the order dated 30/05/2025 has been passed and directed to evict the petitioners. The said order dated 30/05/2025 an appeal has been filed before the SDO (Revenue), Ramanujganj, however, no stay order has been granted in favour of the petitioner. 3. The submission of learned counsel for the petitioners is that the entire claim of the petitioners are depend on the proceeding for grant of Van Adhikar Patta of the subject land for which the petitioners are found to be eligible by the Panchayat Level Van Adhikar Committee and the same is still pending before Respondent No.4 and if the petitioners are dispossessed from the subject land then they will suffer irreparable loss. Therefore, it is prayed that the instant petition may be allowed and the respondents may be directed to decide the claim of the petitioners for grant Van Adhikar Patta and he would submit that this Court in similar case in WPC No.1118 of 2022 & WPC No.1 of 2023 has granted the relief in favour of the petitioner therein, therefore, the same relief may also be granted to the petitioners also. 4. Learned State counsel submits that they have no objection in deciding the claim of Van Adhikar Patta of the petitioners. 5. Considering the submission made by learned counsel for the 4 / 4 respective parties, the ends of justice would be served if the present petition is disposed of directing the Respondent Authorities i.e. Respondents No.3 & 4 to consider the application/claim of the petitioners for grant of Van Adhikar Patta, if any pending, and to take any early decision on the said application, subject to meeting all other requisite eligibility criteria and to proceed further within a period of 90 days from the date of receipt of copy of this order. Till the application/claim of the petitioners are decided, the parties are directed to maintain the status -quo, as it exists today. 6. With the aforesaid observations, the present writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu