1 2025:CGHC:37841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4063 of 2025 1 - Singhal Coal Benefication Private Limited A Company Registered Under The Provisions Of The Companies Act, 2013 And Having Its Registered Office At 219, Second Floor, Samta Shopping Arcede, Samta Colony, Raipur, Chhattisgarh - Through Authorized Representative, Director- Inderpal Singh Bhatia, S/o Shree Harbansh Singh Bhatia, H.N.-227/2, Jagatpur, Raigarh Distt.- Raigarh, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Forest, Government Of Chhattisgarh, Mahanadi Bhawan, Naya Raipur (C.G.) 2 - DFO Forest Range - Dharamjaigarh, Distt.- Raigarh (C.G.) 3 - Chief Conservator Forest Bilaspur Range, Bilaspur, District- Bilaspur (C.G.) 4 - Collector Raigarh, District- Raigarh (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Akhil Kumar Samantray, Advocate For Respondent-State : Ms. Nupur Trivedi, P.L. 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 call for entire record relating to the petitioner for kind perusal (ii) That, this Hon’ble Court may kindly be pleased to Digitally signed by JYOTI JHA Date: 2025.08.01 17:59:38 +0530 2 issue an appropriate order/direction/writ/mandamus and be pleased to quash the order dated 08.07.2025 (Annexure P-1) and further be pleased to issue direction to DFO, Dharamjaigarh to comply the provision specified in rule 7(4) of the Vrikshya Katayi Niyam 2022 and deposit the 90% of the value of the wooden logs in bank account of the petitioner. (iii) 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 this is the second round of litigation by the petitioner. In WPC no. 2449/2024 Hon'ble Court vide order dated 08.05.2024 pleased to issue direction to DFO, Dharamjaigarh to take appropriate decision within 120 days on the representation moved by the petitioner, but DFO, Dharamjaiigarh without deciding the representation referred the matter to Additional Collector, Raigarh to review its own order and Additional Collector, Raigarh vide order dated 22.06.2024 reviewed its own order dated 28.03.2024 against which petitioner moved second appeal before Commissioner, Bilaspur and Commissioner, Bilaspur vide order dated 30.10.2024 set aside the order of Additional Collector but despite this DFO Dharamjaigarh without giving permission rejected the request for transportation of sal logs and referred the matter to Chief Conservator Forest, Bilaspur for appropriate guidance for disposal of the forest produce. CCF, Bilaspur Circle vide order dated 04.02.2025 granted permission and DFO, Dharamjaigarh issued order on 07.02.2025 to Forest Range Officer for compliance and petitioner accordingly transported the wooden logs and deposited the same in the forest depot. But when petitioner submitted application for 90% of the price of the wooden logs deposited as provided under Rule 7(4) of the Vrikshya Katayi 3 Niyam 2022, DFO without evaluating the price of the logs issued memo to Collector for necessary action at their end whereas under the rules DFO has to evaluate the price and deposit 90% of the amount in the bank account of the Bhumiswami, therefore he prays for quashment of the order dated 08.07.2025 (Annexure P-1) or be pleased to issue direction to DEO, Dharamjaigarh to comply the provision specified in rule 7(4) of the Vrikshya Katayi Niyam 2022 and deposit the 90% of the value of the wooden logs in bank account of the petitioner. 3. Learned State Counsel opposed the submission made by the petitioner and submits that subject to verification of facts, DFO has right to pass the order. 4. I have heard learned counsel for the parties and perused the material available on record. 5. In the gazette notification dated 11.02.2022 of the Chhattisgarh Revenue and Disaster Management Department, No. F4-34/7- 1/2021, Rule 7(4) of o`{kksa dh dVkbZ Rule 2022 provides as under:- 7(4) izkd`frd :i ls mxs gq, o`{kksa dh dVkbZ] & o`{kksa dh dVkbZ] NRrhlx<+ ou mit ¼O;kikj fofu;eu½ vf/kfu;e] 1969 ¼dz- 9 lu~ 1969½ ,oa Hkkjrh; ou vf/kfu;e] 1927 1927 dk 16 ds varxZr fufeZr NRrhlx<+ ifjogu ¼ou mit½ fu;e] 2001 ds izko/kuksa ds varxZr jgrs gq,] HkwfeLokeh dj ldsxkA l{ke vuq’kalk izkfIr ds 30 dk;Z fnol ds Hkhrj ou e.Mykf/kdkjh o`{kksa dh dVkbZ ,oa fMiks rd ifjogu lqfuf’pr djrs gq, ,oa fu/kZfjr nj ij ydM+h dk ewY; ifjxf.kr djrs gq, dqy ewY; dk 90 izfr’kr jkf’k HkwfeLokeh ds cSad [kkrs esa fu{ksfir djk,xk ,oa ‘ks”k 10 izfr’kr jkf’k ou foHkkx ds fu/kZfjr [kkrs esa tek dh tk;sxhA tek jkf’k ls izR;sd dkVs tkus okys o`{k ds 10 xquk dh la[;k esa ou foHkkx }kjk o`{kkjksi.k ,oa mudk vuqj{k.k fd;k tk,xkA ou foHkkkx }kjk U;wure 6 QhV ds o`{k jksfir fd, tk,axs ,oa jksi.k dh tkudkjh izR;sd o”kZ vuqfoHkkxh; ¼jktLo½ ds ek/;e ls dysDVj dks nh tk;sxhA 4 6. On perusal of the said rule 7(4) of Vrikshya Katayi Niyam 2022, it clearly evident that after transportation and deposit of the tree logs in the forest depot, the concerned DFO shall evaluate the price of the tree logs and deposit 90% of the total value of the logs in the bank account of the bhumi Swami. Therefore, the power and duty vested with the DFO, the Collector is not appropriate authority and appropriate authority is the DFO. 7. Considering the facts and circumstances of the case, this Court finds it appropriate to set aside the impugned order dated 08.07.2025 (Annexure P-1) and remand the matter back to the concerned DFO Dharamjaigarh to pass an order after complying the provision specified in Rule 7(4) of the Vrikshya Katayi Niyam 2022, in accordance with law as expeditiously as possible. 8. With the aforesaid direction, the writ petition is disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti