Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:35328
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3825 of 2025 1 - Sahabuddin S/o Hanif Aged About 55 Years R/o Village- Idarikala Tahsil- Chando Distt- Balrampur-Ramanujganj (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Deaparment Of Forest Mahanadi Bhawan New Raipur Distt- Raipur (C.G.) 2 - The Secretary Department Of Revenue Mahanadi Bhawan New Raipur Distt- Raipur (C.G.) 3 - The Collector Balrampur Distt- Balrampur-Ramanujganj (C.G.) 4 - Sub Divisional Officer Revenue- Kushami Distt- Balrampur- Ramanujganj (C.G.) 5 - Divisional Forest Officer- Balrampur Distt- Balrampur- Ramanujganj (C.G.) 6 - Forest Range Officer- Forest Range- Chando Forest Division- Balrampur Distt- Balrampur- Ramanujganj (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. A. N. Pandey, Advocate For Respondent
: Mr. Praveen Das, Dy. A.G. Hon’ble Shri
Arvind Kumar Verma, Judge
Order on Board 23/07/2025
1. The instant petition has been filed being aggrieved by the impugned eviction notice dated 03.07.2025 (Annexure P/1) Digitally signed by JYOTI JHA Date: 2025.07.24 12:01:26 +0530
2 whereby respondent No. 5 issued notice to the petitioner and
directed to vacate the possession of the subject land and residential house bearing compartment No. P 3283, rakba 09 acre and try to disposes the petitioner from the subject land, despite the fact that he is in possession of the subject land since last 75 years.
2.
Learned counsel for the petitioner submits that the proceeding for grant of Van Adhikar Patta of the subject land has already been initiated by the concerned authorities and the petitioner is found eligible for grant of patta of the subject land by the Panchayat Level Committee and send the case to the Divisional Committee which is still pending. He further submits that on an earlier round of litigation, this Hon’ble Court has directed the respondent authorities to consider and decide the claim of the petitioner for grant of Van Adhikar Patta in respect of the petitioner and granted status quo order in respect of the subject land, vide order dated 05.01.2023 passed in WPC No. 01/2023 and the copy of the order was served to the respondent authorities by the petitioner on 10.01.2023 but till date the authorities concerned has not decided the claim of the petitioner for grant of patta of the subject land which is still pending.
3.
Learned counsel for the petitioner further submits that during the pendency of the proceeding for grant of Van Adhikar Patta of the subject land, the respondent No. 6 issued the notice to the petitioner on 29.05.2025 and directed to produce the documents in respect of subject land otherwise the forest authorities will forcibly
3 dispossess the petitioner from the subject land. After receiving of notice, the petitioner submitted all the documents along with copy of the order passed by this Court to the concerned authorities on 02.06.2025 but the concerned authorities have not considered the documents produce by the petitioner and issued the impugned eviction notice dated 03.07.2025 and after receiving of notice, the petitioner submitted detailed reply along with copy of order passed by this Court on 08.07.2025 but they have not considered the reply submitted by the petitioner and directed to the petitioner to vacate the possession of the subject land otherwise the authorities concerned shall forcibly dispossess the petitioner from the subject land and any time the forest authorities demolished the house of the petitioner.
4. Learned State counsel opposed the submission made by the
learned counsel for petitioner.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent-authorities to consider/decide the application/claim of the petitioner for grant of Van Adhikar Patta and to take any early decision on the said application, subject to meeting all other requisite eligibility criteria and to proceed further within a period of 90 days from the date of
4 receipt of copy of this order. Till the application/claim of the petitioner is decided, no coercive steps shall be taken against the petitioner.
7. It is made clear that this Court has not observed anything on the merits of the case.
8. With the aforesaid direction, the writ petition is disposed of.
Sd/- (Arvind Kumar Verma) Judge Jyoti