1 2025:CGHC:34393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3757 of 2025 1 - Jugeshwar Gada S/o Mohan Gada Aged About 56 Years R/o Ward No. 04, Bundeli, Chhindoli, Bundeli, District Mahasamund C.G. 2 - Bhuneswar Gada S/o Mohan Gada Aged About 39 Years R/o Ward No. 04, Bundeli, Chhindoli, Bundeli, District Mahasamund C.G. 3 - Shyam Lal S/o Chintaram Yadav Aged About 67 Years R/o Ward No. 07 Taalab Rastaa, Bundeli, Chhindoli, Bundeli, District Mahasamund C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Forest Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector, Mahasamund, District Mahasamund Chhattisgarh. 3 - Joint Forest Division Officer, Sub Forest Division Officer Pithora, District Mahasamund Chhattisgarh. 4 - Assistant Range Officer, Range Bundeli, Forest Range Pithora, General Forest Division District Mahasamund Chhattisgarh. 5 - Lukesh Sahu Patwari Halka No. 62 Revenue Circle Bhurkoni, Tahsil Pithora, District Mahasamund Chhattisgarh. ... Respondent(s) For Petitioner : Mr. A.D. Kuldeep, Advocate For Respondent-State : Mr. Saumitra Kesharwani, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 21.07.2025 1. By way of this petition, the petitioner is seeking for the following reliefs:- “a. That, this Hon’ble Court may kindly be pleased to quash/set- 2 aside the impugned notices (Annexure P/1) in the interest of justice. b. That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus, order or direction directing the respondents authority particularly respondent no. 5 to immediately return the original forest lease document (patta) and Rin Pustika of the petitioners, at the earliest, in the interest of justice. c. That, this Hon’ble Court may kindly be pleased to issue a direction to the respondent no. 5 to pay compensation to the petitioners as this Hon’ble Court deems just and reasonable, for the loss of agricultural income, mental harassment, and denial of benefits of govt. schemes during the last one and a half years at the earliest, in the interest of justice. d. 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 belongs to SC (Harijan) community and is a beneficiary under the ST and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Pursuant to the recognition of his forest rights, the State Govt. had allotted to him an agricultural lease over land bearing Khasra No. 210, admeasuring 1.80 and 1.40 hectares and 2.00 hectares, situated in the aforesaid village. Approximately one and a half years ago, the petitioners had handed over the original copy of the Loan Book to Halka Patwari, Shri Lukesh Sahu for the purpose of obtaining due endorsement from the competent Revenue Authority, i.e., the Tehsildar. Despite repeated requests and representations, the said Patwari had neither returned the said document nor caused necessary official action to be taken. Instead, he has allegedly demanded an illegal gratification of Rs. 25,000/- from the petitioners for the return of the said document. 3. He submits that due to continued unlawful withholding of the Loan Book, the petitioners have been deprived of the opportunity to avail himself of various agricultural and welfare schemes extended by the State Govt, for which possession of duly certified lease documents is a pre-condition. Further, in the year 2025, the petitioners submitted an application under the Sushasan Tihar Programme seeking endorsement 3 from the Forest Department. However, the Assistant Range Officer, General forest Division, issued a written notice stating that no documetns were annexed and further directed the petitioners to submit the Loan Book and other original records under Appendix B-3 Provision-2 within two days, failing which no further action could be taken. 4. He further submitted that the petitioners submitted a written representation dated 03.02.2025 to the District Collector, Mahasamund, seeking immediate intervention and action against Patwari Lukesh Sahu. However, no effective relief has been provided till date, and the inaction of the authorities has further aggravated the petitioner’s hardship. 5. On the other hand, learned counsel for the State opposes the prayer made by the learned counsel for the Petitioner, contending that the petitioner has an alternate remedy which he could avail. 6. I have heard learned counsel for the respective parties, and perused the record with utmost circumspection. 7. After careful perusal of the record available, this Court is of the considered opinion that the grievances raised by the petitioner by way of this petition, seems to be made due to some personal reasons. Moreover for the allegations which the petitioner has made against the respondent no. 5 has an alternative remedy, which the petitioner could avail. Hence, on being having an alternative remedy, this petition deserves to be and is hereby dismissed with liberty to file an appropriate application/complaint before an appropriate forum. 8. With the aforesaid liberty, the present petition is dismissed. sd/- (Arvind Kumar Verma) JUDGE alfiza