1 / 4 2025:CGHC:35348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3845 of 2025 1 - Jagarnath S/o Dukhi Aged About 54 Years 2 - Ramnath Yadav S/o Dukhi Aged About 58 Years Both are R/o Village Purushottampur P.S. Ramanujganj District - Balrampur - Ramanujganj (C.G.) ... Petitioners versus 1 – State of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Atal Nagar, Naya Mantralaya, Raipur District - Raipur Chhattisgarh 2 - Forest Divisional Officer Forest Division Balrampur District - Balrampur - Ramanujganj (C.G.) 3 - Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Forest Range Officer Ramanujganj District - Balrampur - Ramanujganj (C.G.) ... Respondents For Petitioners : Mr. Dashrath Kushwaha, Advocate For State : Ms. Poorva Tiwari, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 23/07/2025 1. By way of the instant petition, the petitioners are challenging the legality, validity and propriety of the notice dated 21/06/2025 issued by Respondent No.4, whereby the petitioner has been directed to ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.24 10:52:26 +0530 2 / 4 vacate the possession of the land within 05 days otherwise the crops and house property of the petitioner would be confiscated. 2. The brief facts of the case as projected by the petitioners are that petitioners are in peaceful possession and cultivating paddy and vegetable for livelihood of his family members since 40-50 years upon the land bearing Khasra no. 12/2 area 0.22 hectare and khasra no. 15 area 0.69 hectare which is situated at village Purushottampur P.S. Ramanujganj, District Balrampur-Ramanujganj (Chhattisgarh) and the petitioners have recorded their names in the revenue record and there is no complaint to possession of the petitioners upon the said land. That, the respondent authorities constituted criminal case No. 281/2017 before the learned Chief Judicial Magistrate Balrampur Place of Ramanujganj District Balrampur-Ramanujganj (Chhattisgarh) against the petitioners for encroachment of the forest land and constructed the house and cultivating paddy in which the learned Chief Judicial Magistrate Balrampur Place of Ramanujganj District Balrampur-Ramanujganj (Chhattisgarh) vide its order dated 09.03.2018 has passed the order in favour of the petitioners and acquitted under section 33 (1) (c) of Indian Forest Act. That, the concerned revenue authority Patwari, Sarpanch has prepared panchnama report in present of the 11 witnesses and it has found that the petitioner has not encroached any land and have peacefully possession living and cultivating paddy and vegetable upon the above land. That, despite of that, suddenly the respondent no. 4 has again issued impugned notices to the petitioners on 21.06.2025 and 3 / 4 it is directed that the petitioners vacated the possession of the land within 5 days without considering the application of the petitioners. The petitioners moved representation before the respondent authorities, but the same has not been taken any action by the respondent authorities till today, due to this petitioners are being mentally harassed and very difficulties for living and survival. Hence this petition. 3. Learned counsel for the petitioners would contend that the petitioners are the registered owners of the subject land and their names have been recorded in the revenue record till today. He would next contend that the Patwari, Sarpanch have prepared a Panchnama report in presence of 11 witnesses wherein it is found that the petitioners have not encroached any land. 4. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioners and submits that the instant petition may be dismissed. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. Considering the entire facts & circumstances of the case especially the panchnama Annexure P/4 in favour of the petitioners which shows that there is no encroachment made by the petitioners, it is directed that the petitioners are directed to file an application under Section 129 of the C.G. Land Revenue Code, 1959 before the 4 / 4 concerned Tehsildar within a period of 30 days from the date of receipt of copy of this order and on such application being filed, the said authority shall demarcate the land of the petitioner within a period of 60 days from the date of application and if it is found that there is any encroachment in the forest land, then the respondent authorities shall be free to proceed in accordance with law/rules/regulation. Till the demarcation is carried out no coercive steps shall be taken against the petitioners. 7. With the aforesaid observation, the instant writ petition stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu