1 2025:CGHC:31207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3420 of 2025 Mustkim Ansari S/o Late Jaan Mohmad Aged About 38 Years R/o Village Ganjar, Th. And Police Station Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh ... Petitioner 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 For Petitioner : Mr. Sanjay Kumar Yadav, Advocate For State : Mr. Praveen Das, Deputy Advocate General Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08.07.2025 1. By way of this petition, the petitioner is seeking the following reliefs:- a. 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. b. 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. 5 after registering the Forest Criminal Case 2 No. 22262/2025 dated 19.06.2025, and the Respondent Authorities be directed to afford proper opportunity of hearing, in the interest of justice. c. Pass any order under the facts and circumstances of the case, in the interest of justice. 2. Learned counsel for the petitioner submits that the impugned notice dated 21.06.2025 issued by the Respondent no. 5 without following the due procedure as contemplated under the Forest Act as well as the principles of natural justice, hence is liable to be set aside. The respondent authorities had in hasty manner without providing opportunity of hearing to the petitioner had issued the impugned notice which is illegal and contrary to law. He submits that the respondent authority had failed to consider the fact that at present monsoon is going on and there is no other place or house for shifting their family members and earning their livelihood. 3. On the other hand learned counsel for State opposes the prayer made by the learned counsel for the petitioner. 4. I have heard learned counsel for the respective 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 earning 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, failing which, the respondent authorities shall have right to dispossess the petitioner from the subject encroached land. 6. Accordingly, the writ petition is disposed of sd/- (Arvind Kumar Verma) JUDGE alfiza