Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6261
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5217 of 2024 1 - Digambar Lal Thakur S/o Late Ramkripal Aged About 44 Years Occupation- Cultivation, R/o Village Anga, P.O. Katkona, P.S. And Tahsil Patna, Distt. Koriya, C.G.
Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Forest, Mahanadi Bhawan New Raipur, C.G. 2 - The Collector Baikunthpur District Koriya, C.G. 3 - The Sub Divisional Officer Baikunthpur District Koriya, C.G. 4 - The Assistant Commissioner Tribal Development Baikunthpur District Koriya, C.G. 5 - The Divisional Forest Officer Baikunthpur District Koriya, C.G. 6 - The Chief Executive Officer Janpad Panchayat Baikunthpur District Koriya, C.G. 7 - The Tahsildar Tahsil Patna, District Koriya, C.G. 8 - The Gram Panchayat Puta Through The Sarpanch, Tahsil Patna, District Koriya, C.G.
Respondent(s) For Petitioner(s) : Mr. Ashok Kumar Shukla, Advocate For Respondent(s) : Mr. Praveen Das, Dy. AG RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.06 10:50:51 +0530
2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 04/02/2025
1. By the present writ petition, the petitioner is seeking direction towards the respondents’ authority for consideration of his claim for grant of forest rights as also allotment and settlement of the land bearing Khasra Nos. 1249, 1247, 1284 and 1245, situated at Village Puta, Tahsil Patna, District Koriya (C.G.).
2.
Learned counsel for the petitioner would submit that the proceeding, in pursuant to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been initiated by the Sub-Divisional Officer (Revenue) for allotment of patta of the land, over which the petitioner was having possession, by seeking a consent/information from Gram Panchayat, Puta vide communication dated 28/04/2023 (Annexure-P/5). Even, the order-sheet (Annexure-P/6) also reflects that on 07/03/2024, the SDO (Revenue) had called an enquiry report as well as proposal from Gram Sabha, and directed to send all the requisite documents for further action to the CEO, Janpad Panchyat, Baikunthpur. However, no action has been taken place till date after 07/03/2024,.
3.
Learned counsel for the State, on instructions, submits that as it appears from the order sheet dated 07/03/2024 that the SDO (Revenue) called a report from the Gram Panchayat, Puta as well as proposal from Gram Sabha, and directed to send all the
3 requisite documents to the CEO, Janpad Panchyat, Baikuthpur, therefore, if the said proceeding is still pending, the same shall be considered and concluded in accordance with law within the stipulated period.
4. I have heard counsel for the parties and perused the documents relating to the proceeding drawn by the SDO (Revenue).
5. On perusal of the proceeding drawn by the SDO (Revenue), communication dated 28/04/2023 and order-sheet dated 07/03/2024, it reflects that the SDO (Revenue) has already taken initiative for allotment of patta in respect of the land, over which, the petitioner was having possession.
6. Hence, the SDO (Revenue) is directed to conclude the proceeding initiated by him vide (Annexure-P/6) within a period of 8 weeks from today. Till the decision of the SDO (Revenue) i.e. for a period of 8 weeks, status- quo, as it exists today, in respect of the subject land, shall be maintained by the parties.
7. With the aforesaid directions, the writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul