1 2025:CGHC:27585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3140 of 2025 1 - Romnath Kunjam S/o Late Shri Jogi Kunjam Aged About 78 Years By Caste- Gond, R/o Village- Surdongar, Post Thana And Tahsil- Keshkal, District Kondagaon, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Forest Department, Mantralaya Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector, Kondagaon District Kondagaon, Chhattisgarh. 3 - Assistant Commissioner Tribal Welfare Development, Kondagaon, District Kondagaon, Chhattisgarh. 4 - Sub-Divisional Officer (Revenue) Keshkal, District Kondagaon, Chhattisgarh. 5 - Divisional Forest Officer Forest Division Keshkal, District Kondagaon, Chhattisgarh. 6 - Forest Range Officer Keshkal (General ), Range, District Kondagaon, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 25/06/2025 1. Challenge in the present writ petition is the action on the part of the respondent No. 6 who has issued the order/notice dated 2 13.06.2025 to the petitioner for removing the encroachment from the forest land part of Room No. RF 1121 and RF 1122 (Khasra No. 42/43 measuring 0.405 hectare) without cancelled the patta granted to the petitioner under the provisions of the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act 2006 and rules made under this Act 2008. 2. Learned counsel for the petitioner submits that the petitioner has been granted patta under the provisions of Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act 2006 and rules made under this Act 2008, however all of such without verifying the patta and without cancellation of the patta the respondent No. 6 issued the impugned notice / order dated 13.06.2025 to the petitioner for removing the encroachment from the aforesaid land, even demarcation of the said land has not been done by the respondent-authorities. Therefore, he prays for quashment of the impugned notice dated 13.06.2025. 3. On the other hand, learned State Counsel submits that with regard to demarcation of land, if the petitioner would file an application along with all relevant documents for demarcation before the concerned authorities, his application would be considered and the authorities concerned will demarcate the land in accordance with law. 4. Given the submission made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioner to file an application along with all relevant documents for demarcation of land before the concerned authorities within 15 days and thereafter the concerned respondent-authorities including the Revenue Department of the State Government take necessary steps in getting the property of the petitioner duly demarcated physically in the 3 presence of the petitioner and all concerned persons under Section 129 of CG Land Revenue Code in accordance with law within a period of 90 days from the date of filing of the application by the petitioner. 5. Till the demarcation proceedings is done, no coercive steps shall be taken against the petitioner in respect of the land in question. 6. In view of above direction, the present writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti