Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30476
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3416 of 2025 1 - Manuwer Ansari S/o Shri Yusuf Ansari Aged About 38 Years R/o Village Ganjar, Th. And Police Station Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Principal Chief Conservator Of Forest Department Of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - The Collector District Balrampur-Ramanujganj Chhattisgarh 4 - The District Forest Officer Department Of Forest, District Balrampur- Ramanujganj Chhattisgarh 5 - The Perimeter Assistant (Parichhetra Sahayak) Nawadih, Department Of Forest, District Balrampur-Ramanujganj Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sanjay Kumar Yadav, Advocate For Respondent/State : Mr. Praveen Das, Dy. A.G. Hon’ble Shri
Arvind Kumar Verma
Order on Board 04/07/2025
1. Counsel for the Petitioner prays for the following relief(s):- (i)That, this Hon’ble Court may call for the entire records pertaining to the case of the petitioner from the respondent state authorities, in the interest of justice. (ii) That, Hon’ble High Court may kindly be pleased to issue writ
2 writs, order/orders, direction/directions and set-aside impugned notice dated 21.06.2025 (Annexure P-1) issued by the respondent No. 5 after registering the Forest Criminal Case No. 22268/19 dated 19.06.2025 and the respondent authorities be directed to afford proper opportunity of hearing in the interest of justice. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.
2.
Learned counsel for the petitioner submits that the petitioner is aggrieved with the impugned notice dated 21.06.2025 (Annexure P-1), issued by the Respondent No. 5 after registering the Forest Criminal Case No. 22268/19 dated 19.06.2025, thereby the petitioner has been asked to remove the encroachment over the Forest land under Kachh No. P953, rakba 0.135 hectare within three days from the date of issuance of the notice. The notice has been issued without affording any proper opportunity to the petitioner and also during onset of monsoon. Therefore, it is prayed that notice dated 21.06.2025 (Annexure P-1), issued by the Respondent No. 5 may be set aside.
3.
Learned counsel for the State opposes the submission made by the
learned counsel for the petitioner.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Considering the submission made by the learned counsel for the parties and further considering that at present monsoon is going on and the petitioner has no other place or house for shifting their family members and for earning their livelihood as submitted by the learned counsel for petitioner, this Court finds it appropriate to dispose of the present writ petition directing the respondent authorities not to dispossess the petitioner from the subject land till 90 days from today, and thereafter, the petitioner shall vacate the subject encroached land, failing which the respondent authorities may proceed against the petitioner in accordance with law.
6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti