1 2025:CGHC:49727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5168 of 2025 Setua S/o Late Rovan, Aged About 58 Years Caste - Uraon, R/o Gram Panchayat - Adhaura, Village Bhanora, P.S. - Balrampur, Tahsil - Balrampur, District - Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - The Collector, Balrampur, District Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Forest Officer (Dfo), Balrampur Forest Division, Balrampur, District Balrampur - Ramanujganj (C.G.) 5 - Sub-Divisional Officer (Revenue), Balrampur, District Balrampur - Ramanujganj (C.G.) 6 - Forest Range Officer, Forest Range Balrampur, District Balrampur - Ramanujganj (C.G.). ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Shrikant Kaushik, Advocate. For Respondent-State : Mr. Rishab Bisen, PL. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 2 26.09.2025 1. Petitioner has filed this writ petition under Article 226 of the Constitution of India seeking following reliefs: “RELIEF SOUGHT: 10.1. That this Hon'ble Court may kindly be pleased to Quash and set aside the impugned notice issued by the Respondent Forest Department in relation to the land situated in Compartment No. P-3395, Gram Panchayat - Adhaura, Village- Bhanora, Tahsil - Balrampur, District - Balrampur - Ramanujganj (C.G.), being illegal, arbitrary, violative of the principles of natural justice, and without authority of law. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent department to consider and decide the application dated 24.06.2025 of the petitioner filed before the them for grant of Van Adhikar Patta in respect of said within some stipulated period. 10.3 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.” 2. Learned counsel for the petitioner contended that this petition is filed against the impugned notice issued by the Forest Department to the petitioner alleging that he is unauthorized occupant of forest land falling under Compartment No. P- 3395 and directs him to produce valid document in respect of said land within a period of ‘03 days’. The petitioner has filed an application on 24.06.2025 before the Collector, Balrampur and Van Surksha Samiti, Balrampur stating all the facts and he has claimed for grant of Van 3 Adhikar Patta upon the said land, in which, the petitioner is in occupant alongwith his family, however, till date, no decision has been taken by the respondent authorities on the alleged application. On the one hand, respondent authorities are not taking any decision on the alleged application of the petitioner and on the other hand, respondents-department directing to vacate the land in question forthwith, failing which, coercive action shall be taken against him. Since the petitioner's forefather have possessed the said land since last 30-40 years and they have invested huge amount for construction of house for residential purpose and now the petitioner and his family members are residing in the said house and except this there is no other house or land of the petitioner. Since the year 2006, the petitioner is continuously submitting an application for grant of Van Adhikar Patta of the said land, but till date respondents department are not giving any heed to his demand or application and previous applications for grant of Van Adhikar Patta were kept in abeyance by the respondent department. All of sudden, the respondent department has issued the impugned notice to the petitioner and they are ready to demolish the house of the petitioner instead of deciding the application for grant of Patta, hence, petitioner has came-up before this Court with aforesaid reliefs. 3. Learned State Counsel opposes the submissions of counsel for the petitioner and submit that petitioner is a encroacher of the 4 government land. 4. Heard learned counsel for the parties and perused the writ petition. 5. It is pertinent to mention here that petitioner has not filed the separate application for grant of Patta before the concerned Collector, however, he has filed the joint application alongwith other persons. 6. Considering above facts of the case, nature of relief, submissions of counsel for the parties, this writ petition is disposed of at this stage permitting the petitioner to file the separate application for grant of patta before the concerned Collector alongwith all relevant documents within 15 days from the date of receipt of copy of this order and in-turn the Collector shall consider and decide the said application in accordance with relevant rule/law/regulation preferably within an outer limit of ‘06 months’ from the date of receipt of such application. Till decision on the petitioner’s application, no coercive steps shall be taken against him. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Arvind Kumar Verma) Judge J/-