1 2025:CGHC:32502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3596 of 2025 1 - Makbool Ansari S/o Jumman Ali Aged About 47 Years R/o Takiya Para, Ranpur Khurd Post Parsa Distt- Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Forest Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur Distt- Raipur (C.G.) 2 - Collector Surguja Ambikapur Distt- Surguja (C.G.) 3 - Divisional Forest Officer Forest Division Ambikapur Distt- Surguja (C.G.) 4 - Assistant Commisssioner Department Of Tribal Development Ambikapur Distt- Surguja (C.G.) 5 - Sub Divisional Officer (R) Sub Division Ambikapur Distt Surguja (C.G.) 6 - Forest Range Officer Forest Range Ambikapur Distt- Surguja (C.G.) 7 - Tahsildar Tahsil Ambikapur Distt- Surguja (C.G.) 8 - Station House Officer Police Station - Ambikapur Distt- Surguja (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Kishore Narayan, Advocate For Respondent(s) : Mr. Praveen Das, Deputy Advocate General Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 14/07/2025 1. By way of this writ petition, the petitioner has prayed for the following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus setting aside the ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.15 17:29:50 +0530 2 impugned communication dated 20.05.2025 (Annexure P/2). 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus declaring that the act of respondent in initiating a process for reviewing the Forest Right Title issued in favour of the petitioner is illegal and without the authority of law. 10.3 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to not to interfere with the possession and ownership of the petitioner in the subject land situated in Compartment No. P-2581 situated at Village Ranpur Khurd, Tahsil-Ambikapur, District- Sarguja (C.G.). 10.4 That, the Hon’ble Court may kindly be pleased to pass any other order considering the special facts and circumstances of this case.” 2. Learned counsel for the petitioner submits that a copy of the impugned communication dated 20.05.2025 has been served to the petitioner whereby the respondent authorities have initiated the process of reviewing the forest right title issued in the favour of the petitioner. The petition has been filed on the main ground that the impugned communication is contrary to Section 6(6) of the Scheduled Tribe and other Traditional Forest dwellers (Recognition of Rights) Act, 2006 and Rule 3(4) of the Scheduled Tribe and other Traditional Forest dwellers (Recognition of Rights) Rules, 2008. 3. Learned State counsel submits that Rule 8 of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 provides for the functions of District Level Committee wherein it is the 3 function of the committee to ensure that the requisite information has been provided to Gram Sabha or Forest Rights Committee and the committee shall examine all claims of primitive tribal groups, pastoralist and nomadic tribes keeping in mind the objectives of the Act. 4. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Rule 8 of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 provides: “8. Functions of District Level Committee. The District Level Committee shall- (a) ensure that the requisite information under clause (b) of Rule 6 has been provided to Gram Sabha or Forest Rights Committee; (b) examine whether all claims, especially those of primitive tribal groups, pastoralists and nomadic tribes, have been addressed keeping in mind the objectives of the Act; (c) consider and finally approve the claims and record of forest rights prepared by the Sub-Divisional Level Committee; (d) hear petitions from persons aggrieved by the orders of the Sub-Divisional Level Committee; (e) co-ordinate with other districts regarding inter-district claims; (f) issue directions for incorporation of the forest rights in the relevant government records including record of rights; (g) ensure publication of the record of forest rights as may be finalized; (h) ensure that a certified copy of the record of forest rights and title under the Act, as specified in Annexures II 4 & III to these rules, is provided to the concerned claimant and the Gram Sabha respectively and; (i) ensure that a certified copy of the record of the right to community forest resource and title under the Act, as specified in Annexure IV to these rules, is provided to the concerned Gram Sabha or the community whose rights over community forest resource have been recognized under clause (I) of sub-section (1) of Section 3.” 6. On perusal of the Rule 8 of the aforesaid rules, it is crystal clear that District Level Committee has right to examine whether all claims, especially those of primitive tribal groups, pastoralists and nomadic tribes, have been addressed keeping in mind the objectives of the Act. Perusal of Annexure P/2 reveals that the Assistant Commissioner, Tribal Development, Ambikapur has wrote a letter to the Forest Divisional Officer, Ambikapur and to District Level Forest Rights Committee, Ambikapur informing about the meeting to be organized under the chairmanship of the Collector and Chairman of District Level Forest Rights Committee on 21.05.2025 and the agenda of the meeting was to review the forest rights recognition letters issued in relation to Khasra No. P. 2681 in Village Ranpurkhurd. The authorities have not passed any order against the petitioner. 7. Therefore, the present petition is pre-mature and hence not maintainable. Accordingly, the present petition is hereby dismissed. However, the petitioner is at liberty to file fresh petition when cause of action arises. Certified copies as per rules. sd/- (Arvind Kumar Verma) JUDGE Alfiza