1 2025:CGHC:40103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4260 of 2025 Shankar Agariya S/o Ramnath Agariya Aged About 30 Years R/o House No. 24, Vidhyalay Para, Chiniya, Tahsil- Ramanujganj, District- Balrampur C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Forest And Climate Change Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur C.G. 2 - Collector, Balrampur-Ramanujganj, District Balrampur-Ramanujganj C.G. 3 - Assistant Commissioner, Tribal Welfare Department, Balrampur- Ramanujganj, District Balrampur-Ramanujganj C.G. 4 - Forest Range Officer, Forest Range, Ramanujganj, District Balrampur- Ramanujganj C.G. 5 - Field Assistant, Forest Range, Ramanujganj, District Balrampur- Ramanujganj C.G. 6 - Forest Guard, Forest Range, Ramanujganj, District Balrampur-Ramanujganj C.G. ... Respondents --------------------------------------------------------------------------------------------- For Petitioner : Mr. Malay Shrivastava, Advocate For State : Mr. Rishabh Bisen, PL ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 11.08.2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 2 1. By way of this petition, the petitioner is seeking following relief(s) :- “10.1 That this Hon'ble Court may kindly be pleased to quash the notice dated 13/07/2025 (ANNEXURE P/1) passed by the respondent no.5 and 6. 10.2. 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. 10.3. That, this Hon'ble Court may kindly be pleased to grant cost of the petition. 2. Learned counsel for the petitioner contended that in Revenue Case No.202008270900005, respondents no.2 and 3 has given the occupancy right over the forest land which is situated at Khasra/Compartment No. P-3484 in the year, 2019 and under the Prime Minister Avas Yojana (Gramin), the allotment for construction of house was also sanctioned to the petitioner and in the land, the petitioner has constructed the house. On 13/07/2025, the respondent no.5 and 6 has issued a notice for removal of the encroachment from the forest land at P-3484. The petitioner has preferred a representation before the respondent no.4 on 17/07/2025, but nothing has been done by the respondents and at any point of time, the respondents will demolish the house of the petitioner. Apart from the present house of the petitioner, the petitioner is not having any alternative accommodation or land. 3. Learned State counsel contended that the concerned authority may direct to demarcate the subject land of the petitioner. 3 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, on perusal of the record I have found that as per the document enclosed by the petitioner in Revenue Case No.202008270900005, respondents no.2 and 3 have given the occupancy right over the forest land which is situated at Khasra/Compartment No. P-3484 in the year, 2019 and under the Prime Minister Avas Yojana (Gramin), the allotment for construction of house was also sanctioned to the petitioner and in the said land, the petitioner has constructed the house over the said land. Therefore, respondents No.4 to 6 are directed to demarcate the allotted land to the petitioner in his presence bearing Compartment No. P-3484, area 0.40 hectare and after completion of demarcation of the said land, if any encroachment found by the concerned respondent authorities, they shall proceed further action against the petitioner, in accordance with rules, regulations and law. 6. Meanwhile, no coercive action shall be taken against the petitioner. 7. With the aforesaid direction, the present writ petition stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu