1 2025:CGHC:29321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3317 of 2025 1 - Mohmad Rafiq S/o Abdulla Ansari Aged About 32 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. Anurag Tripathi, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 01/07/2025 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. 2 (ii) That, 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 No. 22262/20 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. 22262/20 dated 19.06.2025, thereby the petitioner has been asked to remove the encroachment over the Forest land under Kachh No. P953, rakba 0.054 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 facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the petitioner to file a fresh detailed representation along with the relevant documents before the respondent No. 4 & 5 within a period of 30 days from today, in turn the respondent-authorities shall decide the same at the earliest. 6. As regards the submission made by the learned counsel for petitioner that at present monsoon is going on and the petitioner has 3 no other place or house for shifting their family members and for earning their livelihood, this Court is 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. 7. With the aforesaid direction, the writ petition is disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti