1 2025:CGHC:52781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5639 of 2025 Rajkumar Gupta S/o Muneshwar Aged About 55 Years R/o Village Khopakhar, Tahsil- Mainpath, District Surguja C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur C.G. 2 - The Collector Ambikapur, District Surguja C.G. 3 - Sub-Divisional Officer (Revenue)-Sitapur, District Surguja C.G. 4 - The Tahsildar Mainpath, District Surguja C.G. ... Respondents For Petitioner : Mr. Akath Kumar Yadav, Advocate For Respondent-State : Mr. Praveen Das, Deputy Advocate General assisted by Mr. Rishabh Bisen, Panel lawyer Hon’ble Shri Justice Parth Prateem Sahu, Judge Order on Board 29.10.2025 1. Petitioner has filed this writ petition, seeking following reliefs:- ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.07 13:32:17 +0530 2 “10.1 That, the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the present petitioner from the respondent authorities concerned for kind perusal. 10.2 That, the Hon’ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions and set-aside impugned order dated 9.10.2025 (Annexure P-1), issued by the Respondent no. 4 in the interest of justice. 10.3 That, notice dated 15.09.2025(Annexure P-2) issued by the Respondent no. 4 shall also be quashed in the interest of justice. 10.4 That this Hon’ble Court may further be pleased to direct the respondent authority to grant the lease to the petitioner or pass any other order in favour of petitioner as it may deem 0t and proper under the facts and circumstances of the case with cost. 10.5 Pass any other order under the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner is resident of village Khopakhar, Tahsil- Mainpath, District Surguja, Chhattisgarh and is in possession of land bearing Khasra No. 696, Rakba 0.0036 hectare for last so many years. Petitioner after getting knowledge that rights can be granted to him for the land possessed by him, he submitted an application before the concerned village panchayat / gram sabha for granting forest rights under the Scheduled Tribes and other Traditional Dwellers (Regulation of Forest Rights) 2006 and 2007 Rules thereunder. Petitioner’s application was processed by village panchayat and documents showing said facts are placed on record as Annexure P-4. He further submits that application processed by concerned authority at village level committee i.e. village Panchayat and President Forest Right Committee is still pending consideration and till date no order has been passed by the Sub Divisional Committee, constituted under the Rules of 2007 . He also pointed out that Tehsildar/Respondent no. 4 has issued eviction warrant Annexure P-1 dated 09.10.2025 directing the petitioner to remove his possession/encroachment from the land, subject matter of writ petition or else proceeding under Section 248(2a) of Chhattisgarh Land Revenue Code will be initiated against him. Therefore, he prays that a direction be issued to Sub-Divisional Level Committee to consider and 3 take decision on application for grant of forest rights of petitioner which is pending consideration, and interim protection be granted till the decision is to be taken. 3. Learned counsel for State would submit that against the order Annexure P-01, petitioner is having efficacious alternate remedy of appeal/revision. However, he submits that application filed under the Act of 2006 can be proceeded for grant of forest rights. 4. I have heard learned counsel for respective parties. 5. Perusal of the documents enclosed along with this petition would show that land on which petitioner is in possession, is mentioned as “Chote Jhad Ka Jungle” vide resolution dated 02.10.2016. Documents would further show that the village panchayat/ gram sabha has passed resolution that petitioner is entitled for recommending his name for grant of forest rights. Further the documents would show that the recommendation for grant of right in application submitted by petitioner in prescribed format is prepared and signed by the concerned authority including Forest Rights Committee, Secretary Forest rights committee, President Forest Right Committee, the Sarpanch of the village panchayat and others. As submitted by counsel for petitioner this application is though pursuant to the resolution of gram panchayat in the year 2020 however, till date it is pending consideration and during pendency of the application for grant of forest rights, Tehsildar has passed an order of eviction. 6. In the aforementioned facts of case, I find it appropriate to dispose of this writ petition at this stage, directing respondent no. 2/Collector and respondent no. 3/Sub Divisional Officer (Revenue) to take decision on application of petitioner for grant of forest rights, forwarded under the signature of the President Forest Right Committee, Secretary Forest Right Committee and Panchayat Sarpanch as stated by counsel for petitioner in accordance with law expeditiously preferably within a period of further 04 months from the date of receipt of copy of order passed by this Court, if already not decided. 4 7. Till the decision is taken on the application Annexure P-4 of the petitioner for grant of forest rights, status-quo, as it exists, today, shall be maintained by the parties till the next date of hearing. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza