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2025 DAILYLAW 32543 (CHH)

SUMAN PRADHAN v. STATE OF CHHATTISGARH

WPC/4191/2021 · 2025-07-21

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2025

Judgment text

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-1- 2025:CGHC:34851 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 4191 of 2021 Suman Pradhan W/o Shri Hardas Pradhan Aged About 50 Years D/o Mahangu Ram, Caste- Kalat, R/o Pf-958, Village- Havechur, Tahsil- Antagarh, District- North Bastar, Kanker, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Additional Chief Secretary, Forest Department, Government of Chhatisgarh, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh. 2 - Principal Chief Conservator of Forest, Forest Department, Aranya Bhawan, North Block, Sector-19 Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh. 3 - The Collector, Kanker, District- Kanker, Chhattisgarh, District : Kanker, Chhattisgarh. 4 - Forest Divisional officer, East Bhanupratappur, Van Mandal, Bhanupratappur, District- North Bastar, Kanker, District : Kanker, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Shivam Agrawal, Advocate, holding the brief of Mr. Hemant Agrawal, Advocate For Respondent : Mr. Topilal Bareth, Panel Lawyer -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.07.2025 1) The petitioner has filed this petition seeking the following relief:- “10.I. That, this Hon'ble Court may kindly be pleased to allow the present writ petition and direct the Respondents to produce entire records pertaining to the present case for its kind perusal. II. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction to the Respondents more particularly to Respondent No. 4 by directing him to decide the application filed by the petitioner as per the provisions of The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. III. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction to Respondents setting aside the impugned notice dated 07.10.2021 (ANNEXURE P/1) and further be pleased to direct the respondent no. 4 to not take action with regards to the disputed land, till the pendency of this writ petition before the Hon'ble Court. IV. That, any other order/relief which this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be to direct the respondent authorities to compensate the petitioner in the ends of justice & equity. V. That, the cost of the petition may kindly also be awarded to the petitioner.” 2) Learned counsel for the petitioner submits that the petitioner had moved an application under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 seeking grant of forest rights over the land situated at PF-958, Village Havchur, Tehsil Antagrah, District- North Bastar Kanker. It is submitted that the petitioner is in possession of the said land and has also constructed a house on it. He further submits that a -3- notice was issued to the petitioner on 07.10.2021 with regard to the subject land. Thereafter, the petitioner made a representation on 09.10.2021 before respondent No.4, but till date same has not been decided. 3) Taking into consideration the fact that the petitioner has sought a direction to respondent No.4 for deciding the pending application, at this juncture, this writ petition is disposed of with a direction to the respondent authorities, particularly respondent No.4, to decide the said application expeditiously, preferably within a period of 90 days from the date of receipt of a copy of this order, if already not decided. 4) The interim relief granted earlier shall remain in force for a period of 90 days or till the application is decided, whichever is earlier. 5) With the aforesaid observation and direction, the writ petition is disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge NADIM