1 2025:CGHC:28390 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3265 of 2025 Kalam Ansari S/o Shri Yusuf Ansari Aged About 33 Years R/o Village Ganjar, Police Station Ramchandrapur, District Balrampur- Ramanujganj C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur C.G. 2 - The Principal Chief Conservator of Forest, Department of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur C.G. 3 - The Collector, District Balrampur-Ramanujganj C.G. 4 - The District Forest Officer Department Of Forest, District Balrampur-Ramanujganj C.G. 5 -The Perimeter Assistant (Parichhetra Sahayak), Nawadih, Department of Forest, District Balrampur-Ramanujganj C.G. ---- Respondents For Petitioner : Mr. Sanjay Kumar Yadav, Advocate For State : Mr. Swajeet Ubeja, PL VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.06.28 11:43:32 +0530 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/06/2025 1. The present writ petition has been filed by the petitioner on the following relief(s) : “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present Petitioner from the Respondent authorities concerned for kind perusal. 10.2 The Hon'ble High Court may kindly be pleased to issue writ/writs, order / orders, direction / directions, and set-aside impugned notice dated 21.06.2025 (ANNEXURE P-1), issued by the Respondent No.05 after registering the Forest Criminal Case No. 22262/21 dated 19.06.2025, and the Respondent authorities be directed to afford proper opportunity of hearing, in the interest of justice. 10.3 Pass any other order under the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner contended that the impugned notice dated 21.06.2025 (ANNEXURE P-1), issued by the Respondent No.05 after registering the Forest Criminal Case No. 22262/21 dated 19.06.2025, thereby the Petitioner has been asked to remove the encroachment over the Forest land under Kachh No. P953, rakba 0.161 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 3 (ANNEXURE P-1), issued by the Respondent No.05 may be set aside. 3. Learned counsel for the State opposes the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the submission made by learned counsel for the parties and further considering that at present monsoon is going on and the petitioner’s has no other place or house for shifting their family members and earing their livelihood as submitted by the counsel for the petitioner, therefore, this writ petition stands disposed of directing to respondent authorities to not dispossess the petitioner from the subject land till 90 days from today and thereafter, the petitioner shall vacate the subject encroached land. 6. Accordingly, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant