1 2025:CGHC:45221 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4710 of 2025 Mahendra Yadav S/o Shri Ramlal Yadav Aged About 40 Years R/o Village- Daldhowa, P.S. And Tahsil- Daldhowa, Distt- Balrampur- Ramanujganj C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Department Of Revenue, Mahanadi Bhawan- New Raipur, Distt- Raipur C.G. 2 - The Secretary, Department Of Forest, Mahanadi Bhawan- New Raipur, Distt- Raipur C.G. 3 - The Collector, Balrampur/chairman Of The District Level Van Adhikar Committee-Balrampur, Distt. Balrampur-Ramanujganj C.G. 4 - Assistant Commissioner/secretary District Level Van Adhikar Samiti- Balrampur, Distt. Balrampur-Ramanujganj C.G. 5 - The Sub-Divisional Officer (Revenue)/chairman Of Divisional Level Van Adhikar Samiti- Ramanujganj, Distt. Balrampur- Ramanujganj C.G. 6 - The Divisional Forest Officer, Forest Division-Balrampur, Distt. Balrampur-Ramanujganj C.G. 7 - Forest Range Officer Forest Range Balrampur, Distt. Balrampur- Ramanujganj C.G. 8 - Range Assistant, Forest Range Balrampur, Distt. Balrampur- Ramanujganj C.G. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.04 17:41:20 +0530 2 9 - Secretary Of Panchayat Level Van Adhikar Committee- Village- Panchayat Maheshpur, Tahsil - Balrampur, Distt. Balrampur- Ramanujganj C.G. ---- Respondents For Petitioner : Mr. Shubham Tiwari, Advocate For State-respondent : Mr. Anurag Tripathi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 04/09/2025 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 consider and decide the application for grant of Van Adhikar Patta of the subject land bearing compartment no. 424, rakba 1.5 acre situated at village - Daldhowa, Tahsil- Balrampur, Distt- Balrampur - Ramnujgnaj (C.G) within stipulated period. 10.2 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not dispossessed the petitioner from the subject land and house till the final decision of the application for grant of Van Adhikar Patta of the subject land of petitioner. 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 subject land bearing compartment no. P-424 situated at village Daldhowa, Tahsil- Balrampur, Distt- Balrampur -Ramnujgnaj (C.G) and the 3 petitioner in possession of the subject land since last 50-55 years and constructed the residential house on some portion of the subject land by the father of petitioner and residing with their family and rest of land, he is cultivating of the land regularly and he has invested the large amount to prepared the land for agriculture purposes and under the scheme of Pradhan Mantri Awas Yojna, house was sanction in the name of petitioner and constructed the house upon the said land. It is submitted that Gram Panchayat - Maheshpur issued the panchnama regarding possession of the petitioner upon the subject house and land since last 55 years and as per policy of issued by the Govt. under the Schedule Tribes and other Prampragat Van Niwasi ( Reorganization of Forest Right Adhiniyam 2006) petitioner is eligible for grant of patta and the petitioner has made an application for grant of patta of the subject land to the respondent no. 3 which is still pending. It is further submitted that the concern authority has already granted the Van Adhikar patta to the similarly situated person in the same village and in the same compartment. It is submitted that the respondent no.8 issued notice to the petitioner on dated 13.6.2025 and directed to submitted the entire documents of the land otherwise, he has remove the petitioner from the subject land and after notice, petitioner submitted the detail but the forest authorities have not consider the reply filed by the petitioner and directed to vacate the possession from the subject land and restrain the petitioner to 4 cultivating of land and treated the petitioner as encroacher of the subject land and trying to dispossessed the petitioner from the subject land and if he has been dispossessed from the subject property then he will suffer irreparable loss and injury. It is submitted that the entire claim of the petitioner is depend on the pending application for Grant of Van Adhikar Patta of the subject land and the same is still pending before the respondent no.3 whereas the respondent no.3 has already granted the Van Adhikar patta to the similarly situated person in the same village and some portion of the subject land. Hence the petitioner filed the instant petition before this Hon'ble Court for specific direction to the respondent no. 3 to decide the application for grant of Van Adhikar patta of the subject land within specific period. This Hon'ble Court was please to consider and decided the similar case vide order dated 29.7.2025 passed in W.P (C) no. 3886/2025. Hence this petition. 3. Learned State counsel contended that the petitioner may file the fresh representation before the concerned authority and the concerned authority consider and decide the same, as per law. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing to the petitioner to submit a fresh 5 application/claim for grant of Van Adhikar Patta before the concerned authority within ‘15 days’ from today and in-turn the concerned authority shall consider and decide the application/claim of the petitioner for grant of Van Adhikar Patta and to take early decision on the said application, subject to meeting all other requisite eligibility criteria and proceed further within a period of ‘120 days’ from the date of filing of the application/claim, in accordance with rules, regulations and law. 6. Till the application/claim of the peittioner is decided, no coercive action shall be taken against the petitioner. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant