Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36785
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3886 of 2025 1 - Krishna Yadav S/o Asharfi Yadav Aged About 50 Years R/o Village - Daldhowa, P.S. And Tahsil - Daldhowa, Distt - Balrampur-Ramanujganj Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Department Of Revenue, Mahanadi Bhawan New Raipur,
Distt
-
Raipur
Chhattisgarh 2 - The Secretary Department Of Forest Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgarh 3 - The Collector Balrampur/ Chairman Of The District Level Van Adhikar Committee Balrampur,
Distt
-
Balrampur-Ramanujganj
Chhattisgarh 4 - Assistant Commissioner/ Secretary District Level Van Adhikar Samiti - Balrampur, Distt -
Balrampur-Ramanujganj
Chhattisgarh 5 - The Sub Divisional Officer (Revenue)/ Chairman Of Divisional Level Van Adhikar Samiti
-
Ramanujganj
Distt
-
Balrampur-Ramanujganj
Chhattisgarh 6 - The Divisional Forest Officer Forest Division - Balrampur Distt - Balrampur- Ramanujganj
Chhattisgarh 7 - Forest Range Officer Forest Range - Balrampur, Distt - Balrampur-Ramanujganj Chhattisgarh 8 - Range Assistant Forest Range - Balrampur, Distt - Balrampur-Ramanujganj Chhattisgarh 9 - Secretary Of Panchayat Level Van Adhikar Committee - Village - Panchayat Daldhowa, Tahsil - Balrampur, Distt - Balrampur-Ramanujganj Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Shubham Tiwari, Advocate on behalf of Mr. A.N. Pandey, Advocate For Respondent(s) : Mrs. Poorva Tiwari, Panel Lawyer
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Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 29/07/2025
1. By way of the present petition, the petitioner has prayed for the following reliefs:
“10.1 That, this Hon’ble Court may kindly be pleased to set aside the notice dated 13.06.2025 issued by the respondent no. 8 (Annexure P/6). 10.2 That, this Hon’ble Court was pleased to direct the respondent authorities to consider and decide the claim of the petitioner for grant of Van Adhikar Patta of the subject land compartment no. 424B, rakba 1.5 acre situated at Village- Daldhowa, Tahsil- Balrampur, District- Balrampur- Ramanujganj (C.G.) within stipulated period. 10.3 That, this Hon’ble Court may kindly be pleased to restrain the respondent authorities to not dispossess the petitioner from the subject land and house till the final decision of the application for grant of Van Adhikar Patta of the subject land of petitioner. 10.4 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and
3 circumstances of the case.”
2.
Learned counsel appearing for the petitioner submits that the petitioner is in possession of the subject land since last 55 years and constructed the residential house. He would further submits that the proceeding for grant of Van Adhikar Patta of the subject land under the Schedule Tribes and other Paramparagat Van Niwasi (Reorganization of Forest Right Adhiniyam 2006) initiated by the Panchayat Level Committee- Village Panchayat- Lawa and sent to the respondent no. 4 i.e. District Level Committee- Balrampur, District- Balrampur Ramanujganj (C.G.) which is still pending and petitioner has also made repeated representation for grant of patta of the subject land to the petitioner but till date, no decision has been taken by the respondent no. 4 and respondent no. 3 has already granted the Van Adhikar patta to the similarly situated person in the same village and some portion of the same subject land. 3. Learned State counsel opposed the submission made by the learned counsel for the petitioner. 4. I have heard learned counsel for the petitioner at length and perused the record with utmost circumspection. 5. 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 receipt of copy of this order. Till the
4 application/claim of the petitioner is decided, no coercive steps shall be taken against the petitioner. 6. It is made clear that this Court has not observed anything on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima