1 2025:CGHC:37846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4068 of 2025 1 - Virendra S/o Pancham, Aged About 63 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 2 - Moharsay S/o Nansay Aged About 65 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 3 - Lutan S/o Dashrath Aged About 60 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 4 - Nadhiya S/o Chai Aged About 67 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 5 - Khulesha S/o Soma Aged About 57 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 6 - Munnaram S/o Baksai Aged About 50 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 7 - Saraiya Uraon S/o Guma Aged About 56 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 8 - Sohra Ram S/o Pancham Aged About 70 Years Caste Uraon, R/o Village Bhaski, Gram Panchayat Bhagima, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Mahanadi Bhawan, Mantralaya, Naya Raipur (Chhattisgarh) 2 - Union Of India, Through The Secretary, Ministry Of Tribal Affairs, Shastri Bhawan, Dr. Rajendra Prasad Road New Delhi- 110011. 3 - The Sub Divisional Level Committee Through Its Chairperson Cum S.D.M., Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 2 4 - The District Level Committee Through Its Chairperson Cum District Collector, Tehsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) 5 - The State Level Monitoring Committee Through Its Chairperson Cum Chief Secretary, Government Of Chhattisgarh. 6 - The Nodal Agency, Department For Development Of Tribal And Scheduled Caste, Chhattisgarh Through Its Secretary Mahanadi Bhawan, Mantralaya, Naya Raipur (Chhattisgarh) ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Shakti Raj Sinha, Advocate For Respondent-State : Mr. Satish Gupta, G.A. For Respondent No.2 : Mrs. Annapurna Tiwari along with Mr. Bhupendra Pandey, C.G.C. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 01/08/2025 1. The present writ petition has been filed by the petitioner seeking following relief:- (I) That, this Hon’ble Court may kindly be pleased to issue a writ/order/direction restraining the respondents from carrying out any further demolition of the petitioners’ houses or disturbing their possession. (ii) That, this Hon’ble Court may kindly be pleased to direct that the possession of the petitioners over the land in question be protected until a final adjudication under the Forest Rights Act, 2006, is completed. (iii) That, this Hon’ble Court may kindly be pleased to issue directions for restoration of partial structures demolished and immediate cessation of coercive action in compliance or order dated 04.04.2023 and 02.02.2023 passed by this Hon’ble Court in writ petition (C.) No. 558/2023. (iv) Pass any other order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. 2. Learned counsel for the petitioners submits that the Petitioners are poor, landless persons belonging to Scheduled Tribes and Other Traditional Forest Dweller communities, namely Uraon, Gond, and Ahir, residing for several decades in Villages Bhaski and Sidhma, under 3 Tehsil Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. That the Petitioners and their ancestors have been in continuous and peaceful possession of forest land for over 60-65 years, where they have built humble dwellings and have been cultivating the land and collecting forest produce for their livelihood. That the Petitioners have submitted claims under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ("FRA") before the appropriate authorities, but despite repeated representations, their claims have not been adjudicated or recognized to date. That due to inaction by the authorities, the Petitioners had carlier approached this Hon'ble Court by filing Writ Petition (C) No. 588 of 2023, seeking directions for consideration of their pending forest rights applications and protection of their possession. This Hon'ble Court, by order dated 02.02.2023, was pleased to dispose of the writ petition with clear directions that: The Petitioners may approach the concerned Gram Sabha. The authorities shall not initiate any coercive steps against the Petitioner until the matter is appropriately decided. Despite the binding order passed by this Hon'ble Court, Respondents No. 3 & 4, in blatant disregard of judicial authority, have demolished portions of the Petitioners' mud houses. These actions were undertaken without any formal notice, hearing, or due process, and in direct contravention of the protection granted by the Hon'ble Court. A copy of the undated notice allegedly placed near the site, which the authorities may rely upon as justification for the said demolition. That the present state of the Petitioners' partially demolished houses and disrupted livelihood has been documented through photographs. 3. Learned counsel for the petitioner submits that the Respondents have 4 not only failed to protect the rights of the Petitioners under the Forest Rights Act, 2006, but their actions now demonstrate a deliberate attempt to dispossess and dislocate traditional forest dwellers in contempt of both statutory law and the orders of this Hon'ble Court. No Gram Sabha meeting has been conducted, no resolution has been passed as required under the FRA, and yet the Petitioners have been rendered vulnerable to continued harassment and destruction of their only shelter and livelihood. The Petitioners now approach this Hon'ble Court seeking immediate intervention, protection, and enforcement of their rights, and pray that no further demolition or dispossession is permitted until their legal rights under the Forest Rights Act are fully and finally adjudicated, therefore he prays that possession of the petitioner over the land in question be protected until a final adjudication under the Forest Rights Act 2006 is completed. 4. Learned State Counsel submits that the petitioners have not approached the Gram Sabha and in the event he approaches the Gram Sabha, in turn the Gram Sabha has to pass a resolution and the resolution has to be forwarded to the State administration for further approval and sanction. The present writ petition is second around of litigation, earlier vide order dated 04.04.2023, this Court had permitted the petitioners to approach the concerned Gram Sabha in respect of their grievances and the Gram Sabha inturn may consider and decide their application on its own merits, in accordance with law. 5. On the submission of the learned counsel for respondent, learned counsel for the petitioner submits that his application is pending before the Gram Sabha, however he did not file the copy of the application. 5 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case and considering the grievances raised by the petitioners, this Court finds it appropriate to direct that the petitioners had already filed an application before the Gram Sabha for grant of forest right over the properties in possession of the petitioners in terms of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the concerned Gram Sabha is directed to decide their application on its own merits and pass a resolution, in accordance with Section 6(10) of the Act 2006 within a period of 45 from the date of receipt of copy of this order of this Court. The resolution passed by the Gram Sabha be forwarded to the State administration for further approval and sanction and the State administration shall decide the matter within 60 days from the date of receipt of resolution. 8. Till the decision of the State administration in the case of the present petitioners, no coercive steps shall be taken against the petitioners from being dispossessed of the land of the petitioners. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti Digitally signed by JYOTI JHA Date: 2025.08.06 10:51:16 +0530