1 2025:CGHC:34796 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3813 of 2025 Prem Sidar S/o Late Nohar Sai Aged About 40 Years R/o Village - Milupara, P.S. And Tahsil - Tamnar, Distt.- Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Chief Secretary, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - Secretary Department Of Tribal And Scheduled Caste Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Secretary Department Of Forest Of Climate Change, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, (C.G.) 4 - District Level Committee Raigarh, Through - Its Chairperson, Collector, Raigarh, District- Raigarh (C.G.) 5 - Sub Divisional Level Committee Through - Its Chairperson, Sub Divisional Officer, Gharghoda, Distt.- Raigarh (C.G.) 6 - Divisional Forest Officer Raigarh, Forest Division, Raigarh, Distt.- Raigarh (C.G.) 7 - Secretary Gram Panchayat Milupara, Janpda Panchayat Tamnar, Distt.- Raigarh (C.G.) 8 - Secretary Forest Rights Committee, Village Milupara, Janpad Panchayat Tamnar, Distt.- Raigarh (C.G.) ---- Respondents VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.22 17:16:33 +0530 2 For Petitioner : Ms. Rajni Soren, Advocate For State-Respondent : Mr. Anurag Tripathi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “(i) Issue a on writ of mandamus directing the respondent authorities to settle the petitioner's individual rights the petitioner's land Compartment No. 722 Reserve Forest, area 1.453 hectare, Village Milupara, Tamnar, Distt. Raigarh (C.G.), under the Scheduled Tribes & Other Traditional Forest Dwellers Act (Recognition of Forest), 2006. (ii) Pass any other order the Hon'ble Court may deem fit in the interest of justice.” 2. Learned Counsel for the petitioner submits that the petitioner is a resident of Village Milupara, Tashil Tamnar, Distt. Raigarh (C.G.). He has been in occupation of forest land Compartment No. 722 Reserve Forest, area 1.453 hectare, Village Milupara, Tamnar, Distt. Raigarh (C.G.). The petitioner's ancestors have been in occupation of the land 3 for the last several generations and they have been farming on the said land. The petitioner belongs to Gond Scheduled Tribe. The petitioner's land is forest land and he has filed his claim for settlement of individual rights under the Scheduled Tribes & Other Traditional Forest Dwellers Act (Recognition of Forest), 2006. His claim was endorsed by the gram sabha, however, his claim has not been settled till date. The petitioner is therefore filing the instant petition praying for directions to the respondents to settle his rights under the Forest Rights Act 2006. 3. Learned State Counsel submits that respondent No.5 – Sub Divisional Level Committee, through - its Chairperson, Sub Divisional Officer, Gharghoda, District - Raigarh (C.G.) is ready to decide the application made by the petitioner. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties. Further considering Annexure P/5, application made by the petitioner for rights under the Forest Rights Act, 2006 has been forwarded by the Assistant Commissioner (Tribal Welfare Branch), Raigarh to the Sub Divisional Officer (Revenue), Gharghoda on 16.10.2023 which has not been decided by respondent No.5 yet. At this stage, the petition is disposed 4 of directing to Respondent No.5 to consider and decide the application of the petitioner under the Forest Rights Act, 2006 as expeditiously as possible, in accordance with rules, regulations and law. 6. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant