1 2025:CGHC:46451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4826 of 2025 1 - Naanhiru S/o Madho, Aged About 45 Years Caste- Uraon, R/o Village- B Airdih, P.S.- Chando, Tahsil Kusmi, District- Balrampur- Ramanujganj ( C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa, Raipur, District- Raipur ( C.G. ). 2 - State Of Chhattisgarh Through- The Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur ( C.G. ). 3 - The Collector Balrampur, District- Balrampur- Ramanujganj ( C.G. ). 4 - Divisional Forest Officer ( Dfo) Balrampur Forest Division, Balrampur, District- Balrampur- Ramanujganj ( C.G. ). 5 - Sub- Divisional Officer ( Revenue ) Balrampur, District- Balrampur- Ramanujganj ( C.G. ). 6 - Forest Range Officer Forest Range Kusmi, District- Balrampur- Ramanujganj ( C.G. ). ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rishkant Mahobia, Advocate For Respondent : Mr. Praveen Das, Dy. A.G. along with Mr. Rishabh Bisen, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 11/09/2025 1. With the consent of the parties the matter is heard finally. 2 2. The present writ petition has been filed by the petitioner seeking following relief:- 10.1 That this Hon’ble Court may kindly be pleased to quash and set aside the impugned notice dated 08.07.2025 issued by the respondent Forest Department in relation to the land situated in Compartment No. P-3163 Village- Bairdih Tahsil Kusmi District Balarampur Ramanujganj (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 dated 25.08.2025 of the petitioner filed before them for grant of Van Adhikar Patta in respect of said within some stipulated period. 10.4 That this Hon’ble Court may kindly be pleased to pass any other order(s) or direction (s) as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience; 3. Learned counsel for the petitioner submits that the present writ petition has been filed against the impugned order dated 08.07.2025 (Annexure P-1). The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No. P-3163 and directs him to produce valid document in respect of the land within a period of 5 days. The petitioner has application dated 25.08.2025 before the Collector , Balrampur stating all facts and he has claimed for grant of Van Adhikar Patta upon the said land in which, the petitioner is in occupant along with his family. 4. Learned counsel for the petitioner submits that since the petitioner’s forefather have possessed the said land since last 30-40 years and have constructed the house for residential purpose and are residing in the said house peacefully and there is no other house or land of the petitioner except this house. 3 5. Learned counsel for the petitioner submits that on 08.07.2025, the Forest Range Officer, Kusmi issued notice dated 08.07.2025 to the petitioner alleging illegal occupation of forest land and calling for ownership documents, instead of filing reply before the concerned authority. He further submits that on the one hand, the respondent authorities 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. Hence this petition. 6. Learned counsel for the petitioner contended that it is a rainy season, therefore, some time may be given to the petitioner to vacate the premises and till then no coercive steps be taken against the petitioner. In support of his prayer, he relied upon jktLo iqLrd ifji= ds [k.M pkj&dzekad 2 : 82- o”kkZ dky esa gVkuk % e-iz- ‘kklu Hkw&ifjeki ,oa cankscLr foHkkx dzekad 22&27&8&76] Hkksiky fnukad 1&9&76 fo- utwy Hkwfe ij vfrdze.kksa dks o”kkZdky esa gVk;s tkus ckcr~& ¼1½ ;fn oSdfYid LFkku nsuk laHko ugha gS rks mlds }kjk vfrdze.k dks o”kkZdky esa ugha gVkuk pkfg;sA ¼2½ blh o”kZ vfrdze.k fd;k gks mUgsa o”kkZdky lekIr gksus rd ugh gVkuk pkfg;sA ¼3½ xqefV;k¡] Bsys vksj O;kolkf;d vLFkkbZ vfrdze.k Hkh oSdfYid LFkku miyC/k djk;s tkus rd ugha gVkuk pkfg;sA 7. Learned counsel for respondents submits that the Petitioner has filed an application before the concerned Collector for obtaining the Patta of the said land which shows that petitioner is a encroacher of the government land, hence, a direction be issued to the petitioner to 4 vacate the premises within stipulated time. 8. I have heard learned counsel for the parties and perused the material available on record. 9. 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 whereby they can reside and also looking to the fact that the petitioner has filed application for grant of lease/patta but no action has been taken, therefore this Court directs the petitioner to file a fresh application for grant of patta before the concerned authorities as provided under the Sechduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the concerned authority is directed to decide the application of the petitioner within 60 days from the date of application filed by the petitioner. 10. Considering the prayer that monsoon/rainy season is going-on, particularly the aforesaid circular, till the application of the petitioner for grant of patta is decided within ‘60 days’ from today, no coercive steps shall be taken against the petitioner. 11. It is made clear that this Court has not expressed anything on the merits of the case. 12. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti