1 2025:CGHC:49372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5132 of 2025 Ali Raja S/o Ayub Ansari Aged About 28 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 Forrest 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. 9 - Secretary Of Panchayat Level Van Adhikar Committee Village- Panchayat- Ganjar, Tahsil-Ramchandrapur, Distt.- Balrampur- Ramanujganj, C.G. ----Respondents 2 (Cause-title taken from Case Information System) For Petitioner : Mr. A.N. Pandey, Advocate For State : Ms. Akanksha Verma, PL Hon’ble Shri Justice Arvind Kumar Verma Order on Board 26/09/2025 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 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 P- 953, rakba 0.070 Hectare situated at village - Ganjar, Tahsil-Ramchandrapur Distt- Balrampur Ramnujgnaj (C.G) within stipulated period. 10.2 That, this Hon'ble court may kindly be pleased to restrain the respondent authorities to not dispossessed 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. Learned counsel for the petitioner submits that the present petition is being made for appropriate direction to the respondent authorities to consider and decide the application for grant of patta of the subject land bearing compartment no. P-953, rakba 0.070 Hectare situated at 3 village Ganjar Tahsil- Ramchandrapur, Distt- Balrampur - Ramnujgnaj (C.G) and the petitioner in possession of the subject land since last 35 years and constructed the residential house on some portion of the subject land by the petitioner and residing with their family. It is submitted that the petitioner in possession of the subject land since last 35 years and as per policy of issued by the Govt. under the Schedule Tribes and other Prampragat Van Niwasi (Reorganization of Forest Right Adhiniyam 2006) petitioner is eligible for grant of patta and the petitioner has made an application for grant of patta of the subject land to the respondent no. 3 which is still pending. It is submitted that the respondent no.8 issued notice to the petitioner on dated 21.06.2025 and directed to submit the entire documents of the land otherwise, he has remove the petitioner from the subject land and treated the petitioner as encroacher of the subject land and trying to dispossessed the petitioner from the subject land and if he has been dispossessed from the subject property then he will suffer irreparable loss and injury. It is submitted that the entire claim of the petitioner is depend upon the decision of pending application for Grant of Van Adhikar Patta of the subject land before the respondent no. 3. Hence, the petitioner filed the instant petition before this Court for specific direction to the respondent no.3 to decide the application for grant of Van Adhikar patta of the subject land within specific period. This Hon'ble Court was please to consider and decided the similar case vide order dated 11.09.2025 passed in W.P (C) no. 4839/2025. Hence this petition. 4 4. 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 राजस्व पुस्तक पुरिरापुत्र क खण्ड चारा- कमांक 2: “82. वर्षा कल मां हटाना : मां.प्र. शासना भू- पुरिरामांपु एव बंदो"बंस्त विवभूग कमांक 22-27-8-76, भू"पुल दिदोनाक 1-9-76 विव. नाजल भूमिमां पुरा अमितक्रमांणों क" वर्षाकल मां हटाये जना बंबंत+- (1) येदिदो व,कल्पि.पुक स्थाना दोना सभूव नाह0 ह, त" उसक द्वारा अमितक्रमांणों क" वर्षाकल मां नाह0 हटाना चाविहये। (2) इस5 वर्षा अमितक्रमांणों विकये ह" उन्ह वर्षाकल समांप्त ह"ना तक नाह5 हटाना चाविहये। (3) गमांविटाये8, ठे ल ओरा व्यावसमियेक अस्थाई अमितक्रमांणों भू5 व,कल्पि.पुक स्थाना उपुलब्ध कराये जना तक नाह0 हटाना चाविहये।" 5. 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. 6. I have heard learned counsel for the parties and perused the material available on record. 7. 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 and also looking to the fact that the 5 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 ‘60 days’ from the date of application filed by the petitioner. 8. 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 ‘60 days’ from today, no coercive steps shall be taken against the petitioner. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant