1 2025:CGHC:30336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3388 of 2025 1 - Jmaludin Ansari S/o Jaan Mohmad Aged About 58 Years R/o Village- Ganjar, Th. And 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 (Cause-title taken from Case Information System) For Petitioner : Mr. Sanjay Kumar Yadav, Advocate For Respondent/State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 03/07/2025 1. By way of this petition, the petitioner is challenging the impugned notice dated 21.06.2025 issued by Respondent no. 5 after registering the respective forest criminal case dated 19.06.2025, whereby the petitioner has been asked to remove Digitally signed by JYOTI JHA Date: 2025.07.07 11:15:57 +0530 2 the encroachment over the Forest land under Kachh No. P953 within three days from the date of issuance of the notice to the petitioner. Hence pleaded to set aside the impugned notice dated 21.06.2025 issued by respondent no. 5 and direct the respondent authorities to give proper opportunity of hearing. 2. Learned counsel for the petitioner Mr. Sanjay Kumar Yadav submits that the impugned notice dated 21.06.2025 issued by Respondent no. 5 has been issued without following the due procedure as contemplated under the Forest Act as well as the principles of natural justice. The respondent authorities without giving proper opportunity of hearing to the petitioner had issued the impugned notice which is illegal and contrary to law. 3. Per contra, learned counsels appearing on behalf of the State/respondents opposes the relief(s) sought by the petitioner. He contended that the petitioner is habitual encroacher of forest land. Earlier also some forest criminal case was registered against him and he was fined. Then also the petitioner has again encroached the forest land at some other place. 4. Heard learned counsel for the respective parties at length, perused the record with utmost circumspection. 5. On bare perusal of the facts and circumstances of the cases, it is pertinent to note that the petitioner is habitual encroachers. Moreover there seems to be no good ground, therefore the present petition should be allowed. Hence, this court is not inclined to entertain present petition. The present petition deserves to be and is hereby dismissed. 6. However, the petitioner is at liberty to submit all the relevant documents and raise all the objections before the concerned District Forest Officer on 10th August,2025 and after giving due opportunity of hearing to all the respective parties, pass 3 an appropriate order. 7. Meanwhile, it is directed that no coercive steps/actions shall be taken against them. 8. With the aforesaid liberty, the present petitions are dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti