1 2025:CGHC:34424 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3778 of 2025 1 - Rajkumar Kanhaiya Aged About 36 Years R/o Village Bhajpuri, Saankra, District Mahasamund (C.G.) 2 - Mandhar, S/o Reganu, Aged About 46 Years R/o Sankra, Mahasamund (C.G.) 3 - Shatruhan Sahu S/o Ramratan Sahu, Aged About 50 Years R/o Ward No. 14, Bhajpuri, Bhagat Devri, Mahasamund Pithaura District Mahasamund (C.G.) 4 - Bodram Rai S/o Gurubaru Rai, Aged About 29 Years R/o Bhajpuri, Sankra, District Mahasamund (C.G.) 5 - Sushil Kumar Rai S/o Amardas Rai, Aged About 30 Years R/o Bhajpuri, Sankra, District Mahasamund (C.G.) 6 - Guruwaru Rai S/o Punitram Rai, Aged About 87 Years R/o Bhajpuri, Sankra, District Mahasamund (C.G.) 7 - Hemlal Rai Gurubaru Aged About 36 Years R/o Bhajpuri Sankra, District Mahasamund (C.G.) 8 - Amardas Rai Guruwaru, Aged About 45 Years Bhajpuri, Sankra, District Mahasamund (C.G.) 9 - Dhaneshwar S/o Sanau Aged About 38 Years R/o Bhajpuri, Sankra, District Mahasamund (C.G.) 10 - Dharmraj Sahu S/o Shatruhan Sahu, Aged About 34 Years R/o Ward No. 9 Bhajpuri, Bhagat Devri District Mahasamund (C.G.) ... Petitioner(s) versus VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.21 17:10:34 +0530 2 1 - State Of Chhattisgarh Through Chief Secretary (Forest), Government Of Chhattisgarh, Secretariat, Raipur (C.G.) 2 - Forest Officer, Forest Office Mahasamund District Mahasamund (C.G.) ---- Respondents For Petitioners : Mr. Yogeshwar Sharma, Advocate For State : Ms. Poorva Tiwari, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That the Hon’ble Court may kindly be pleased to order the State Government to issue Forest Rights Lease to petitioners. 10.2 That, Any other relief which this Hon’ble Court may deem and proper in the present circumstances of the case.” 2. Counsel for the petitioner contended that the Petitioners lived in Bhanpuri village and in forest land from past three generations, by which he becomes a claimant of forest land under Forest Rights Act 2006. (in short FRA 2006 hereafter). In year 2001, State Government did survey /panchnama in which officials wrote that Petitioners and his 3 father live in Khasra no. 265 from year 2001 without citing any document or evidence and keeping its column/space blank, and for illegal rejection of Petitioners's claim under FRA 2006. Village Forest Committee (Gram Van Semiti) has also endorsed Petitioners's claim under FRA 2006 as a valid claim. Petitioners and other villagers filed various representations to ministries and Govt department for getting forest land lease(Van Adhikar Patta) so that they can live and settle peacefully. Surprisingly, on 04/10/2024, State Forest Department removed Petitioners and others from Khasra no. 501 and orally ordered them to shift in another piece of land bearing Khasra no. 265, for livelihood and shelter. Though they live in a place which was earmarked for them by Forest department officials, they are not getting forest land lease rights and are being threatened for removal again. Also The State Government deny Petitioners' claim under FRA, 2006 on basis of half filled survey report. The State has made promise to Petitioners that he can live in the place earmarked for them, as visible by their statement written in second survey report. Also, promises made by State Government officials are governed by Principle of promissory estoppels. 3. Counsel for State opposes the submission made by counsel for the petitioners. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 4 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage, the petition is disposed of directing to Respondent authorities to consider and decide the petitioners’ representation Annexure P-3 colly. as expeditiously as possible in accordance with rules, regulations and law. 6. Meanwhile, no coercive action shall be taken against the petitioners. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant