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2025 DAILYLAW 47427 (CHH)

JABAR ANSARI v. STATE OF CHHATTISGARH

WPC/5946/2025 · 2025-11-13

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:55653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5946 of 2025 Jabar Ansari S/o Jashmuddin Ansari Aged About 69 Years R/o Village- Vijaynagar, Police Station And Tahsil - Ramanujganj, Dist- Balrampur C.G. ... Petitioner versus 1-State Of Chhattisgarh Through Secretary, Revenue And Disaster Management, Rehabilitation Department, Mahanadi Bhawan, Naya Raipur, Dist- Raipur C.G. 2 - The Collector, Dist. Ramanujganj-Balrampur C.G. 3 - Tahsildar Ramanujganj, Dist. Ramanujganj-Balrampur C.G. 4 - District Forest Officer, Balrampur, Dist. Ramanujganj-Balrampur C.G. ... Respondents For Petitioner : Mr. V.V.S. Murthi, Advocate appears along with Mr. Shantanu Kumar, Advocate For Respondents-State : Mr. Satish Gupta, Govt. Advocate Hon’ble Justice Shri Parth Prateem Sahu, Judge Order on Board 14.11.2025 1. Petitioner has filed this writ petition, seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to quash the impugned notice dated 03.11.2025, issued by the Forester, 2 Vijaynagar, Dist- Balrampur Ramanujganj C.G, in the interest of justice. 10.2 Any other relief which this Hon’ble Court may deem fit and proper in favour of the petitioners may kindly be passed.” 2. Learned counsel for petitioner submits that petitioner was forced to file this writ petition against order Annexure P-1 because after eviction notice, when the petitioner went to concerned authority along with the relevant documents, concerned authority has not accepted the documents for consideration and therefore, petitioner was under the apprehension that he will be forcefully removed from the land in which he is in possession since 1985. 3. Learned counsel for State submits that today he has sought instructions from concerned authority. Perusal of notice Annexure P-1 itself is dated 03.11.2025 and thereafter, petitioner did not appear in the office of concerned authority along with relevant documents to show that under what authority he is in possession of said land. He also pointed out that notice is dated 03.11.2025 and writ petition itself is dated 04.11.2025 and, therefore, from the facts of case available in record, the information supplied by petitioner to his counsel may not be correct. 4. Be that as it may. It is not in dispute that the petitioner is in possession of some land situated within the territorial jurisdiction of Vijaynagar. Petitioner was served with a notice dated 03.11.2025 mentioning therein that he is in possession of some portion of land forming part of Compartment no. P3490 measuring 10 acres, which is forest land. Perusal of the notice would show that the authority who issued notice asked the petitioner to produce the relevant documents authorizing him to possess said portion of land which is in his possession. 5. Counsel for State has produced the document which is a letter forwarded to the counsel for State pleading facts and events, in which it is specifically mentioned that petitioner has not approached to the office of the Forest Range Officer to submit any document. 3 6. In the aforementioned facts of the case, as the proceedings is still pending before Range Officer, Vijaynagar who has to take decision on the show cause notice after considering the documents and the reply to be submitted by petitioner and petitioner is still to submit its reply along with all the relevant documents without entering into the merits of the case, I find it appropriate to dispose of this writ petition at this stage permitting petitioner to submit reply along with all the relevant documents available with him with regard to land possessed by him and in the event, petitioner submits the reply along with all the relevant documents, to the notice, the concerned authority shall consider and take decision on the same, expeditiously, after providing opportunity of hearing to petitioner. 7. Let the reply to notice along with document be submitted by the petitioner within a period of one week. It is directed that for the period of one week no adverse action shall be taken against the petitioner pursuant to notice Annexure P-1. 8. With the aforesaid observation/direction, this writ petition is disposed of. C.C. Today. sd/- (Parth Prateem Sahu) Judge alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.14 17:41:00 +0530