1 2025:CGHC:39353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4207 of 2025 Surjan S/o Hatai Aged About 53 Years R/o Village Bairdeeh, Police Station - Chando, Tahsil - Kusmi, District - Balrampur-Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - The Collector, Balrampur District Balrampur-Ramanujganj Chhattisgarh 4 - Sub Divisional Forest Officer (Dfo) Balrampur Forest Division, Balrampur, District Balrampur-Ramanujganj Chhattisgarh 5 - Sub-Divisional Officer (Revenue) Balrampur, District Balrampur-Ramanujganj Chhattisgarh 6 - Forest Range Officer Forest Range Balrampur, District Balrampur-Ramanujganj Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Shrikant Kaushik, Advocate For Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/08/2025 2 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 quash and set aside the impugned notice dated 06.06.2025 issued by the Respondent Forest Department in relation to the land situated in Compartment No. P-3171, Village Bairdeeh, Police Station- Chando, Tahsil- Kusmi, District- Balrampur-Ramanujgan (C.G.) being illegal, arbitrary, violative of the principles of natural justice and without authority of law. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent department to consider and decide the application of the petitioner filed before them for grant of Van Adhikar Patta in respect of said within some stipulated period. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner submits that the impugned notice fail to take into account the reply dated 25.07.2025 submitted by the petitioner which clearly states their long standing possession. He 3 submits that the petitioner has claimed for grant of Van Adhikar Patta upon the said land, in which, the petitioner is an occupant alongwith his family. Till date, no decision in respect of said application has been taken by the respondent authorities. On the other hand, they are not taking decision upon the application for grant of patta filed by the petitioner and on the other hand, respondent department are saying to vacate the said land forthwith, failing which coercive action shall be taken. 3. On the other hand, counsel for the State opposes the contention made by the counsel for the petitioner. 4. I have heard learned counsel for the parties at length and perused the record with utmost circumspection. 5. On bare perusal of the record available, it is clear that the Forest Department issued a notice (Annexure P/1) dated 06.06.2025 to the petitioner stating therein that the petitioner shall produce the relevant documents relating to the land in question within 5 days from the date of issuance of notice. Upon which the petitioner made a detailed application before the Collector, Balrampur, on 25.07.2025 and before the Sub- Divisional Officer, Balrampur Forest Division, Balrampur, District Balrampur-Ramanujganj on 21.11.2024 wherein the petitioner requested to consider his application and grant forest rights lease to the petitioner. 6. Looking to the peculiar facts and circumstances of the case and keeping in mind the submission made by the respective counsels, it is clear that the petitioner along with his family members is living in that disputed land over a long period of time and there is no other place for them where they can reside and also looking to the fact that the petitioner 4 since 2006 is continuously making application in this regard but no action has been taken in respect of the grant of lease/patta. Therefore, this Court directs that concerned respondent authorities to decide the application of the petitioner within three months from the date of receipt of copy of this order in accordance with law/ rules/ regulations on its own merits. 7. It is also directed that no coercive steps/actions shall be taken against the petitioner till the decision upon the application filed by the petitioner is taken. 8. It is made clear that this Court has not expressed any opinion on merits of the case. 9. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima