1 2025:CGHC:50547 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5301 of 2025 Tauhid Alam S/o Mohamdin Ansari Aged About 27 Years R/o Village- Ganjar, Tahsil And P.S. Ramchandrapur, Distt- Balrampur- Ramanujganj C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Department Of Revenue, Mahanadi Bhawan- New Raipur, Distt- Raipur C.G. 2 - The Secretary Department Of Forest Mahanadi Bhawan- New Raipur, Distt- Raipur C.G. 3 - The Collector-Balrampur Chairman Of The District Level Van Adhikar Committee -Balrampur, Distt- Balrampur-Ramanujganj C.G. 4 - Assistant Commissioner/secretary District Level Van Adhikar Samiti-Balrampur, Distt- Balrampur-Ramanujganj C.G. 5 - The Sub-Divisional Officer(Revenue) Chairman Of Divisional Level Van Adhikar Samiti- Ramanujganj Distt- Balrampur- Ramanujganj C.G. 6 - The Divisional Forest Officer- Forest Division-Balrampur, Distt- Balrampur-Ramanujganj C.G. 7 - Forest Range Officer, Forest Range- Navadih (Dhamni), Distt- Balrampur-Ramanujganj C.G. 8 - Range Assistant, Forest Range- Navadih (Dhamni), Distt- Balrampur-Ramanujganj C.G. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.10 16:37:23 +0530 2 9 - Secretary Of Panchayat Level Van Adhikar Committee- Village- Panchayat Ganjar, Tahsil- Ramchandrapur, Distt. Balrampur- Ramanujganj C.G. ---- Respondents For Petitioner : Mr. Shubham Tiwari, Advocate For State : Mr. Ajit Singh, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- 10.1 That this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider and decide the application for grant of Van Adhikar Patta of the subject land bearing Compartment No.P-953, Rakba 0.61 hectare situated at Village Ganjar Tahsil Ramchandrapur District Balrampur Ramanujganj CG within stipulated time. 10.2 That this Hon’ble Court may kindly be pleased to restrain the respondent authorities to 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. 10.3 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.” 3 3. Learned counsel for the petitioner submits that the present writ petition has been filed against the impugned order dated 21.06.2025 (Annexure P-4). The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No. P-953 and directs him to produce valid document in respect of the land within a period of 03 days. The petitioner has application dated 12.08.2025 (Annexure P-3) before the Collector , District Balrampur Ramanujganj stating all facts and he has claimed for grant of Van Adhikar Patta upon the said land in which, the petitioner is in occupant along with his family. 4. Learned counsel for the petitioner submits that since the petitioner’s forefather have possessed the said land from long time and have constructed the house for residential purpose and are residing in the said house peacefully and there is no other house or land of the petitioner except this house. 5. Learned counsel for the petitioner submits that on 21.06.2025, the Forest Range Officer, issued notice dated 21.06.2025 to the petitioner alleging illegal occupation of forest land and calling for ownership documents, instead of filing reply before the concerned authority. He further submits that on the one hand, the respondent authorities are not taking decision upon the application for grant of patta filed by the petitioner and on the other hand, respondent department are saying to vacate the said land forthwith. Hence this petition. 4 6. Learned counsel for the petitioner contended that it is a rainy season, therefore, some time may be given to the petitioner to vacate the premises and till then no coercive steps be taken against the petitioner. In support of his prayer, he relied upon jktLo iqLrd ifji= ds [k.M pkj&dzekad 2 : 82- o”kkZ dky esa gVkuk % e-iz- ‘kklu Hkw&ifjeki ,oa cankscLr foHkkx dzekad 22&27&8&76] Hkksiky fnukad 1&9&76 fo- utwy Hkwfe ij vfrdze.kksa dks o”kkZdky esa gVk;s tkus ckcr~& ¼1½ ;fn oSdfYid LFkku nsuk laHko ugha gS rks mlds }kjk vfrdze.k dks o”kkZdky esa ugha gVkuk pkfg;sA ¼2½ blh o”kZ vfrdze.k fd;k gks mUgsa o”kkZdky lekIr gksus rd ugh gVkuk pkfg;sA ¼3½ xqefV;k¡] Bsys vksj O;kolkf;d vLFkkbZ vfrdze.k Hkh oSdfYid LFkku miyC/k djk;s tkus rd ugha gVkuk pkfg;sA 7. Learned counsel for respondents submits that the Petitioner has filed an application before the concerned Collector for obtaining the Patta of the said land which shows that petitioner is a encroacher of the government land, hence, a direction be issued to the petitioner to vacate the premises within stipulated time. 8. I have heard learned counsel for the parties and perused the material available on record. 9. Looking to the peculiar facts and circumstances of the case and keeping in mind the submission made by the respective counsels, it is clear that the petitioner along with his family members is living in that disputed land over a long period of time and there is no other place for 5 them whereby they can reside and also looking to the fact that the petitioner has filed application for grant of lease/patta but no action has been taken, therefore this Court directs the petitioner to file a fresh application for grant of patta before the concerned authorities as provided under the Sechduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the concerned authority is directed to decide the application of the petitioner within ‘90 days’ from the date of application filed by the petitioner. 10. Considering the prayer that monsoon/rainy season is going-on, particularly the aforesaid circular, till the application of the petitioner for grant of patta is decided within ‘90 days’ from today, no coercive steps shall be taken against the petitioner. 11. It is made clear that this Court has not expressed anything on the merits of the case. 12. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant