1 2025:CGHC:53960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1341 of 2022 Pawan Gond S/o Ghasi Ram Aged About 62 Years Cast- Gond, R/o Village Akhora Khurd (Ghaghipara) Tahsil Surajpur, District Surajpur, Chhattisgarh. --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh. 2 - The Secretary Department Of Revenue Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh. 3 - The Collector Surajpur, District Surajpur, Chhattisgarh. 4 - Tahsildar Surajpur, District Surajpur, Chhattisgarh. 5 - Chief Executive Officer Janpad Panchayat Surajpur, District Surajpur, Chhattisgarh. 6 - Gram Panchayat Akhorakala Through Secretary Gram Panchayat Akhorkala, Tahsil Surajpur, District Surajpur, Chhattisgarh. --- Respondents ____________________________________________________________ For Petitioner : Mr. A.N. Pandey, Advocate For State/Respondents : Mr. Soumitra Kesharwani, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 04/11/2025 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, this Hon’ble Court may kindly be pleased to restrain the respondent authorities to not make any BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.07 16:30:35 +0530 2 construction/not made any other activities/ not dispossess the petitioner from the subject land and house till the final decision of the application for grant of Van Adhikar Patta of the subject land of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No.3 to consider/decide the application of the petitioner for grant of Van Adhikar Patta of the subject land. 10.3 That, any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that petitioner, who is person belonging to scheduled tribe caste Gond and is in possession of the land, subject matter of writ petition, since last more than 50 years. In part of the land, residential house was constructed and in remaining portion of the land, agricultural activities are going on for the purpose of earning his livelihood. Petitioner being illiterate tribal person was not aware of the rights of proceedings to be submitted before the competent authority for grant of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (In short ‘the Act of 2006’), therefore, he has not filed any application before the competent authority for grant of rights for the land possessed by him. After initiation of the proceedings for eviction by Tahsildar, petitioner came to know that application for grant of forest right is to be submitted before the Collector, accordingly, application has been moved before the Collector/respondent No.3 on 17.08.2021, however, till date his application/representation is not considered. 3 3. Learned State counsel submits that there is already an order of eviction against the petitioner passed by Tahsildar as he found in possession of government land. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. Perusal of the order-sheets of this writ petition would show that this case came up for hearing before this Court on 16.03.2022 and upon hearing learned counsel for parties, this Court passed an interim order in favour of petitioner of maintaining status-quo, over the property, subject matter of dispute and since last more than three and half years, interim order is running in favour of petitioner. 6. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 (In short ‘the Rules of 2007’) is formulated under the Act of 2006, in which under Rule 3 Gram Sabha is envisaged and functions of Gram Sabha is envisaged under Rule 4. District Level Committee is envisaged under Rule 7 and Rule 8 provides for functions of District Level Committee. Under Rule- 7, Collector or Deputy Commissioner is mentioned to be the Chairman of the Committee. Petitioner has submitted representation for grant of forest rights under the Act of 2006 before the Collector, who is Chairman of District Level Committee. 7. In the aforementioned facts of the case, instead of keeping this petition pending before this Court seeking reply, I find it appropriate to dispose of this petition at this stage directing respondent No.3/Collector to consider and take decision on the representation submitted by petitioner for grant of rights of land possessed by him including the 4 right of petitioner on the land under the Act of 2006 expeditiously preferably within further period of four months from the fate of receipt of this order. It is ordered accordingly. 8. Till the decision on the representation submitted by petitioner is taken, interim order passed by this Court on 16.03.2022 shall remain in force. If petitioner fails to submit the order passed by this Court before the Collector/respondent No.3 within reasonable time, interim order may loose its effect. 9. With the aforesaid directions and observations, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram