1 2025:CGHC:52131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5565 of 2025 1 - Piteshwar Yadav S/o Shri Gurbaru Yadav Aged About 42 Years R/o Village- Jhimki, Gram Panchayat- Jhimki, Tahsil- Bagbahar, District : Jashpur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3 - The Collector Cum President District Level Forest Right Committee, Jashpur, District : Jashpur, Chhattisgarh 4 - Divisional Forest Officer (D F O) Jashpur, Forest Division, District : Jashpur, Chhattisgarh 5 - Sub- Divisional Officer (Revenue) Pathalgaon, District : Jashpur, Chhattisgarh 6 - Forest Range Officer Pathalgaon, Forest Range, Pathalgaon, District : Jashpur, Chhattisgarh 7 - The Tahsildhar Tahsil- Bagbahar, Jashpur, District : Jashpur, Chhattisgarh ... Respondent(s) 2 For Petitioner(s) : Mr. Rishikant Mahobia, Advocate For Respondent(s) : Mr. Anurag Tripathi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 27/10/2025 1. With the consent of the parties, heard finally. 2. The petitioner has filed this writ petition on the following reliefs: “10.1. That the Hon’ble Court may kindly be pleased to quash the order dated 29.09.2025 regarding cancellation of Van Adhikar Patta, granted to the petitioner in respect of Khasra Number 1/2A area admeasuring 0.809 hectares passed by the Collector, Jashpur/respondent no. 3. 10.2 That, the Hon’ble Court may kindly be pleased to issue an appropriate writ of mandamus directing the respondent department to refrain from carrying out any dispossession on the petitioner’s land i.e. Khasra No. 1/2A area admeasuring 0.809 hectares. 10.3 That, the 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.” 3 3. Learned counsel for the petitioner contended that the “Van Adhikar Patta” was granted in favour of the petitioner in respect of Khasra No. 1/2A area admeasuring 0.809 hectares, situated at Village- Jhimki, Tahsil- Bagbahar, District- Jashpur (C.G.). The respondent authorities without adhering to the settled Principles of Natural Justice, particularly without providing any due opportunity of hearing to the petitioner has cancelled the Van Adhikar Patta on 29.09.2025 4. On the other hand, learned counsel for the State contended that in inquiry it is found that the petitioner does not possess the disputed land therefore vide order dated 29.09.2025, respondent no 3 has cancelled the Van Adhikar Patta of the petitioner. He also contended that the petition may be disposed of by remanding the matter back to the Collector with a direction to decide the matter afresh after giving opportunity of hearing to 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 earlier the Van Adhikar Patta was granted in favour of the petitioner and prima facie shows that without giving opportunity of hearing to the petitioner patta was cancelled by respondent no. 3. 7. Looking to the peculiar facts and circumstances of the case and keeping in mind the submission made by the respective counsels, the impugned order dated 29.09.2025 is hereby quashed and the matter is remanded back to the concerned Collector and is 4 directed to decide the matter afresh after giving sufficient opportunity of hearing to the petitioner. 8. It is also directed that no coercive steps/actions shall be taken against the petitioner till the matter is finally decided by the Collector. 9. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima