1 2025:CGHC:32500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3593 of 2025 1 - Ahmad Rasool Ansari S/o Gulvas Ansari Aged About 75 Years R/o Village Chandranagar, 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, Nava 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. Navneet Kumar Yadav, Advocate For State/Respondents : Mr. Praveen Das, Deputy Advocate General Hon’ble Shri Justice Arvind Kumar Verma Order on Board 14.07.2025 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 the impugned notice dated 24.06.2025 (Annexure P/1), issued by the respondent no. 5 in the interest of justice. c. That this Hon’ble court may further be pleased to direct the respondent ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.15 17:29:48 +0530 2 authority to grant the lease to the petitioner or pass any other order in favor of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost. d. pass any other 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 24.06.2025 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 it 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. The action on the part of the respondent authorities is also in violation of the Articles 14 and 21 of the Constitution of India as the said land was recorded in the name of the petitioner in the year 1954 – 55 thereafter, 1971-72. The said land has been illegal changed to forest land. 3. On the other hand, learned State counsel opposes the prayer made by the learned counsel for the petitioner and states that no order has been passed by the concerned authority against the petitioner. The authority has just asked the petitioner to file each and every document pertaining to the disputed land, which should be complied with in order to conclude the matter expeditiously. 4. I have heard learned counsel for the respective parties, and perused the record with utmost circumspection. 5. From bare perusal of the records available, it is clear that a notice dated 24.06.2025 was issued to the petitioner by the respondent no. 5/the Perimeter Assistant (Annexure P/1), wherein the respondent no. 5 clearly mentioned that if the petitioner is having any legal document relating to the land in question, he shall submit it and if not, then he shall remove his encroachment over the forest land under Kachh no. P-3430, Rakba 2.00 hectare within three days from the date of issuance of the notice. 3 However, the mere contention of the petitioner is such that he is not an encroacher and he has not encroached the forest land. Moreover he has filed some documents relating to the disputed land showing his ownership and in this respect on 01.07.2025 he has submitted a reply to respondent no. 4/The District Forest Officer, Department of Forest, District Balrampur- Ramanujganj, Chhattisgarh wherein he has requested to set aside the notice issued by the respondent no. 5 and to grant him govt. lease/patta of Kachh No. P-3430 Rakba 2.00 hectare. 6. Looking to the peculiar facts and circumstances of the case and keeping in mind the submission made by the respective counsels, this Court directs the petitioner to file each and every document related to the disputed land before respondent no. 4/The District Forest Officer Department of Forest, District Balrampur- Ramanujganj, Chhattisgarh within 15 days from today and in further 15 days the respondent no. 4/The District Forest Officer shall decide the reply/representation(Annexure P/3) made by the petitioner with respect to grant of govt. lease in accordance with law. 7. Meanwhile, no coercive steps shall be taken against the petitioner 8. However, it is made clear that this Court has not opined anything on merits, Respondent no. 4 is at liberty to decide the representation/reply made by the petitioner with respect to grant of govt. lease over the disputed land in accordance with law and pass appropriate order as per rules/regulations/law. 9. With the aforesaid direction the present petition is disposed of. Certified copies as per rules. sd/- (Arvind Kumar Verma) JUDGE alfiza