1 2025:CGHC:49253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5183 of 2025 1 - Yadram Nishad S/o Bhogoli Ram, Aged About 39 Years. 2 - Bharatram Nishad S/o Bhogoli Ram, Aged About 35 Years. 3 - Seema Nishad W/o Yadram Nishad, Aged About 33 Years. All are R/o Village Madeli, Development Block - Chhura, District - Gariaband, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, St/ Sc, Development Department, Mantralaya, Mahanadi Bhavan, Naya Raipur (C.G.) 2 - The Collector/ Chairman, District Level Right Of Forestation Committee, Gariaband, District Gariaband, Chhattisgarh 3 - District Level Committee (Dlc), Constituted Under The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006, Gariaband, Chhattisgarh 4 - Sub-Divisional Level Committee (Sdlc), Chhura, District Gariaband, Chhattisgarh 5 - Gram Sabha, Village Madeli, Development Block - Chhura, District - Gariaband, Chhattisgarh Through Its Sarpanch. 6 - Divisional Forest Officer, Forest Division, Gariyaband, District - Gariyaband, C.G. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Vivek Siddharth Ojha, Advocate. For Respondent-State : Mr. Satish Gupta, GA. ----------------------------------------------------------------------------------------- 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 25.09.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “RELIEF (S) SOUGHT: 1] That, Issue a writ of certiorari or any other appropriate writ, order, or direction quashing the impugned order dated 14/07/2025 passed by Respondent No.2 (Collector, Gariaband) as illegal, arbitrary, and ultra vires the FRA, 2006, and violative of Articles 14, 19, and 21 of the Constitution. 2 2] That, Issue a writ of mandamus directing the Respondents to restore the Petitioners' forest rights patta issued in 2016-17 and permit them to continue possession and use of the land for their livelihood. Direct the Respondents to complete the above process within a time- bound period. 3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner contended that petitioners are marginalized forest dwellers from Village -Madeli, District Gariaband, Chhattisgarh and forest rights Patta (land lease) has been issued vide Annexure P-7 by respondent Nos.2 & 3 in the year 2016-17 under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 3 2006 (Act of 2006) for 20 hectares of land for their sole means of livelihood. As per Annexure P-7 dated 12.10.2025, 3.131 hectares of land was granted to Petitioner No.1; 2.800 hectares land was granted to Petitioner No.2 & 02.00 hectares of land was granted to Petitioner No.3 in the Revenue Case No.04/B-121/years 2016-17, however, vide Annexure P-1 District Level Committee has passed the order on 14.07.2025 and cancelled the Patta of the petitioners. Learned Counsel referred Section 4(5) & 6(6) of the Act of 2006, which reads as under: “4. Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers.– XXXXXX XXXXXX (5). Save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete.” 6. Authorities to vest forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers and procedure thereof.– (6). The decision of the District Level Committee on the record of forest rights shall be final and binding. 3. Learned counsel for the petitioner further contended that there is no provision of appeal, review or revision etc, and there is no statutory Authority to exercise such power to pass the order 4 Annexure P-1, hence, petitioner has came-up before this Court with aforesaid prayer. In support of his contention, he places reliance upon the order/decision dated 14.03.2024 passed by the Co-ordinate Bench of this Court in WPC No.541/2018. 4. Learned State Counsel contended that this writ petition may be disposed of remitting the matter back to the concerned Authority for fresh adjudication in accordance with relevant rules/law and in the light of order/decision dated 14.03.2024 passed in WPC No.541/2018. 5. Heard learned counsel for the parties, perused the writ petition including the order Annexure P-1 including the order/decision dated 14.03.2024 passed in WPC No.541/2018. 6. From bare reading of Section 4(5) of the Act, 2006, it is apparent that no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation, till the recognition and verification procedure is complete. In the present case, after recognition and verification procedure, the ‘forest right lease’ was granted in favour of the original petitioners, therefore, the petitioners can not be removed without following due process of law. 7. It is also quite vivid from Section 6 (6) of the Act of 2006 that any decision taken by the Committee while granting a ‘forest right lease’ shall be final and binding, meaning thereby, any decision taken by the Committee cannot be reviewed or modified by the 5 same Committee. In the entire Act, there is no provision for appeal, review, revision, etc; and there is no statutory authority to exercise such power. As the order/decision taken by the District Level Committee becomes final and binding, in such a situation, the recourse available to the aggrieved party would be to approach the High Court under Article 226/227 of the Constitution. As such, there was no such power vested with the Committee to pass the impugned order. 8. For the foregoing reasons/discussion, impugned order Annexure P-1 is hereby quashed only with regard to the present petitioners. The matter is remitted back to the concerned Authority for fresh adjudication in accordance with relevant rules/law and in the light of order/decision dated 14.03.2024 passed in WPC No.541/2018. 9. Accordingly, the writ petition stands disposed of with aforesaid observation/direction. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-