1 2025:CGHC:49154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5096 of 2025 1 - Maheshwar Yadav S/o Mangaru Yadav Aged About 71 Years R/o Village Vimalapur, P.S. - Trikunda, Tahsil- Ramchandrapur, District Balrampur- Ramanujganj C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur C.G. 2 - The Principal Chief Conservator Of Forest, Department Of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur C.G. 3 - The Collector, Distt. Balrampur-Ramanujganj C.G. 4 - The Division Forest Officer/d F O, Balrampur, Forest Division- Balrampur, Distt. Balrampur-Ramanujganj C.G. 5 - The Perimeter Assistant (Parichhetra Sahayak), Dindo, Department Of Forest, Distt. Balrampur-Ramanujganj C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Naveet Kumar Yadav, Advocate For Respondent : Ms. Upasana Mehta, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 25/09/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- “10.1 The Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of Digitally signed by JYOTI JHA Date: 2025.10.07 11:31:13 +0530 2 the present petitioner from the respondent authorities concerned for kind perusal. 10.2 That the Hon’ble High Court may kindly be pleased to issue writ writs, order/orders, direction/directions and set aside impugned order dated 04.08.2020 (Annexure P-1) issued by the respondent No. 4, in the interest of justice. 10.3 That, the notice dated 21.06.2025 (Annexure P- 2) issued by the respondent No. 5 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 the petitioner as it may deem fit and proper under the facts and circumstances of the case with cost. 10.5 Any other relief of 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. Learned counsel for the petitioner submits that a notice has been issued on 04.08.2025 (Annexure P-1). The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No. P-851, Rakba 1.203 hectare, and the petitioner has been asked to remove the encroachment over the Forest land within a period of 5 days. Learned counsel for the petitioner submits that since the petitioner’s forefather have possessed the said land since 1970 and 3 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. 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 4. Learned counsel for respondents opposed the submission made by the learned counsel for petitioner. 5. I have heard learned counsel for the parties and perused the material available on record. 6. 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 them whereby they can reside, 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 4 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. 7. 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. 8. It is made clear that this Court has not expressed anything on the merits of the case. 9. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti