Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:39742
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4250 of 2025 Muneshwar Nayak S/o Late Lomaru Nayak Aged About 31 Years R/o Village - Jigadi, Village - Panchayat - Jigadi P.S. - Pasta, Tahsil - Rajpur, Distt. Balrampur - Ramanujganj (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest Mahanadi Bhawan New Raipur Distt. - Raipur (C.G.) 2 - The Collector, Balrampur, Distt. Balrampur - Ramanujganj (C.G.) 3 - Sub - Divisional Officer, (Revenue), Rajpur, Distt. Balrampur - Ramanujganj (C.G.) 4 - Divisional Forest Officer, Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 5 - The Forest Range Officer, Rajpur Distt. - Balrampur - Ramanujganj (C.G.) ---- Respondents For Petitioner
: Mr. A.N. Pandey, Advocate For State
: Ms. Poorva Tiwari, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/08/2025
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1. By way of this petition, petitioner sought following relief(s) :
“10.1 That, this Hon'ble court may kindly be pleased to direct the respondent authorities to fill the pits in front side of the house and land of the petitioner and further be please to direct the respondent authorities to vacate the block Nistrai road/ approach road of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and decide the representation submitted by the petitioner within stipulated period. 10.3 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 circumstances of the case. 2. Learned counsel for the petitioner contended that the present petition is being made against the illegal, arbitrary and unreasonable action on the part of respondent forest authorities by which they have illegally block the Nistari road of the petitioner by digging large pits between the petitioner house and main road and due to which the petitioner and their family are facing multiple difficulties and he is unable to do any work or any agriculture work upon the subject land and the said pits are dangers to the life of petitioner and their family. It is submitted that the patta of the land bearing compartment no.
P/2823, rakba 1.457 hectare was granted in the name of father of the petitioner in the year 2015-16 and after allotment of patta, house was constructed upon the subject land and residing with their family and the name of father of petitioner was mutated in the revenue record and after death of his father, name of petitioner and his brother was mutated in the revenue
3 record and on the application made by the petitioner, the land of petitioner was demarcated by the authorities in presence of forest authorities but in the month of October 2024, the forest authorities forcibly digging large pits between the petitioner house and land and main road On illegal action on the part of the forest authorities, petitioner made representation before the respondent no.2 on dated 1.4.2025 and on the representation made by the petitioner, respondent no.2, directed to the respondent no.3 to made enquiry in this regard and submitted the report but till date no action has been taken or the forest authorities has not fill the pits and not clear the approach road of the petitioner due to which the petitioner and their family is facing multiple difficulty and he is unable to do any work or any agriculture work upon the subject land therefore the action on the part of the respondent authorities is illegal, arbitrary and contrary to law. Hence this petition. 3. Learned State counsel contended that the concerned authority is ready to consider and decide the representation/application made by the petitioner as per law. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering the facts of the case and submission made by counsel for the respective parties, this writ petition is disposed of directing to respondent No.2 – Collector, Balrampur, District Balrampur
4 Ramanujganj and respondent No.3 – Sub Divisional Officer (Revenue), Rajpur, District Balrampur – Ramanujganj (C.G.) to consider and decide Annexure P-5 & Annexure P-6 expeditiously preferably within a period of ‘three months’ from the date of receipt of copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, this petition stands disposed of. Sd/-
(Arvind Kumar Verma) Judge Vasant