1 2025:CGHC:47699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4955 of 2025 1 - Sarju S/o Vishwanath Aged About 33 Years Caste- Nageshiya, R/o Village- Bairdhih, P.S.- Chando, Tahsil- Kusmi, District- Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, 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. Shrikant Kaushik, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 17/09/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- Digitally signed by JYOTI JHA Date: 2025.09.18 17:43:04 +0530 2 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-3170, 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 against the notice dated 08.07.2025, the petitioner has filed application dated 25.08.2025 which clearly states their long standing possession and the presence of govt. supported infrastructure. He submits that the petitioner has claimed for grant of Van Adhikar Patta upon the said land, in which, the petitioner is an occupant along with his family. Till date, no decision in respect of said application has been taken by the respondent authorities. On the one 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. 4. On the other hand, learned counsel for the State opposes the relief sought by the learned counsel for the petitioner. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. On bare perusal of the record available, it is clear that the Forest 3 Department issued a notice (Annexure P/1) vide dated 08.07.2025 to the petitioner stating therein that the petitioner shall produce the relevant documents relating to the land in question within 5 days from the issuance of notice. Upon which the petitioner made application (Annexure P/2) dated 25.08.2025 the petitioner made a detailed application before the Collector, Balrampur, District Ramanujganj, Chhattisgarh wherein the petitioner requested to consider his application and grant forest rights lease to the petitioner. 7. 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 since last 30-40 years and there is no other place for them where they can reside and also looking to the fact that the petitioner has made 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. 8. 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 decided. 9. With the aforesaid direction, the present petition is disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti