1 / 7 2025:CGHC:49552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5193 of 2025 1 - Amar Singh Markam S/o Dharam Singh Markam, Aged About 56 Years R/o. Village Thadpathar, Post- Biharpur, Tehsil Odgi, District Surajpur (C.G.) 2 - Hiralal Singh Ayam S/o Late Fulsay Singh Ayam, Aged About 49 Years R/o. Village Thadpathar, Post- Biharpur, Tehsil Odgi, District Surajpur (C.G.) 3 - Jaikunwar Markam W/o Amar Singh Markam, Aged About 44 Years R/o. Village Thadpathar, Post- Biharpur, Tehsil Odgi, District Surajpur (C.G.) 4 - Jagdev Singh Ayam S/o Sukhraj Singh Ayam, Aged About 62 Years R/o. Village Vishalpur, Post- Biharpur, Tehsil Odgi, District Surajpur (C.G.) 5 - Sukhlal Singh S/o Late Fulsay Singh Ayam, Aged About 59 Years R/o. Village Thadpathar, Post- Biharpur, Tehsil Odgi, District Surajpur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Nava Raipur, District Raipur (C.G.) 2 - Secretary, Department of Forest, Mahanadi Bhawan, Mantralaya, Nava Raipur, District Raipur (C.G.) 3 - District Collector, Surajpur, District Surajpur (C.G.) 4 - Assistant Commissioner, Department of Tribal Welfare, District Surajpur (C.G.) 5 - Divisional Forest Officer, Forest Division Surajpur, District Surajpur (C.G.) 6 - Deputy Divisional Forest Officer, Odgi, District Surajpur (C.G.) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.10 17:34:49 +0530 2 / 7 7 - Sub Divisional Officer (Revenue), Sub Division Odgi, District Surajpur (C.G.) 8 - Sub Divisional Officer, Forest Sub Division Odgi, District Surajpur (C.G.) 9 - Forest Range Officer, Forest Range Biharpur, Forest Division Surajpur, District Surajpur (C.G.) ... Respondents For Petitioners : Mr. Ashish Beck, Advocate appears on behalf of Mr. Kishore Narayan, Advocate For State : Mr. Praveen Das, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 06/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. By way of the instant petition, the petitioners have prayed for the following reliefs:- 10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ/ order/direction restraining the respondent authorities particularly the Forest Department from evicting the petitioners from the Forest Land in occupation of the petitioners. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ/ order/direction, directing the respondent authorities to decide the claim of the petitioners for grant of Forest Rights Title in accordance with law. 10.3 That, the Hon’ble Court may kindly be pleased to pass any other order/direction granting any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 3 / 7 3. Learned counsel for the petitioners would contend that the petitioners have submitted their claim for grant of Forest Rights Title as they belong to Schedule Tribe Community and they are in possession of Forest Land for the last 50 Years. He would next contend that the claim of the petitioners have been endorsed by the Gram Sabha and the Village Forest Rights Committee, however, despite that the forest department personnel are trying to interfere with the possession of the petitioners by dumping poles for barricading the land of the petitioners for the purpose of plantation of the tree. He would next contend that the claim of the petitioners have been supported by the Panchnama signed by the Villagers, Forest Right Committee and Sarpanch of the concerned Gram Panchayat and when the applications of the petitioners were not decided, they preferred a writ petition bearing WPC No.2290 of 2022 before this Court wherein this Court has directed the respondent authorities to consider and decide the petitioners’ applications for grant of Pattas/Forest Rights strictly in accordance with law within a period of three months. He would next contend that till date the applications of the petitioners have not been decided. 4. He would next contend that as per Section 4 (5) of the Schedule Tribe and Other Traditional Forest Dwellers (Recognition of Forest) Act, 2006 (hereinafter referred to as ‘the Act, 2006’) categorically states that if the claim of the Schedule Tribe for grant of Patta of the Forest Rights Title is pending, the person cannot be evicted or 4 / 7 removed from the Forest Land. 5. Per contra, learned State counsel would contend that after passing of the order by this Court in WPC No.2290 of 2022, the Deputy D.F.O. has issued a notice to the petitioners to submit the documents of Gram Panchayat resolution but the petitioners did not file any resolution in their favour. 6. In this regard, learned counsel for the petitioners drew attention of the Court towards the Annexure P/5 and would submit that the petitioners have made application before the concerned Sub Divisional Officer (R) and intimated that they have already filed the application before the Panchayat in the prescribed format which is still pending and he would further submit that the Gram Panchayat has already passed the resolution, therefore, the authorities may obtain the resolution from the Gram Panchayat. 7. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 8. Section 6 of the Act, 2006 would be relevant for adjudication of this case, which is reproduced hereinbelow:- 6. Authorities to vest forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers and procedure thereof.-(1) The Gram Sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its jurisdiction under this Act by receiving 5 / 7 claims, consolidating and verifying them and preparing a map delineating the area of each recommended claim in such manner as may be prescribed for exercise of such rights and the Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a copy of the same to the Sub- Divisional Level Committee. (2) Any person aggrieved by the resolution of the Gram Sabha may prefer a petition to the Sub- Divisional Level Committee constituted under sub- section (3) and the Sub-Divisional Level Committee shall consider and dispose of such petition: Provided that every such petition shall be preferred within sixty days from the date of passing of the resolution by the Gram Sabha: Provided further that no such petition shall be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case. (3) The State Government shall constitute a Sub- Divisional Level Committee to examine the resolution passed by the Gram Sabha and prepare the record of forest rights and forward it through the Sub- Divisional Officer to the District Level Committee for a final decision. (4) Any person aggrieved by the decision of the Sub- Divisional Level Committee may prefer a petition to the District Level Committee within sixty days from the date of decision of the Sub-Divisional Level Committee and the District Level Committee shall consider and dispose of such petition: Provided that no petition shall be preferred directly before the District Level Committee against the resolution of the Gram Sabha unless the same has been preferred before and considered by the Sub- Divisional Level Committee: Provided further that no such petition shall be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case. 6 / 7 (5) The State Government shall constitute a District Level Committee to consider and finally approve the record of forest rights prepared by the Sub-Divisional Level Committee. (6) The decision of the District Level Committee on the record of forest rights shall be final and binding. (7) The State Government shall constitute a State Level Monitoring Committee to monitor the process of recognition and vesting of forest rights and to submit to the nodal agency such returns and reports as may be called for by that agency. (8) The Sub-Divisional Level Committee, the District Level Committee and the State Level Monitoring Committee shall consist of officers of the departments of Revenue, Forest and Tribal Affairs of the State Government and three members of the Panchayati Raj Institutions at the appropriate level, appointed by the respective Panchayati Raj Institutions, of whom two shall be the Scheduled Tribe members and at least one shall be a woman, as may be prescribed. (9) The composition and functions of the Sub- Divisional Level Committee, the District Level Committee and the State Level Monitoring Committee and the procedure to be followed by them in the discharge of their functions shall be such as may be prescribed. 9. Considering the entire facts & circumstances of the case and submissions made by learned counsel for the parties, it is directed that the concerned respondent authorities shall obtain the resolution passed by the Gram Panchayat, if any, in favour of the petitioners and thereafter shall decide the claim of the petitioners for grant of Patta, in accordance with law, within a period of three months from the date of production of copy of this order. Till then no coercive steps shall be taken against the petitioners. 7 / 7 10. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the claim of the petitioners for grant of Patta, on its own merits. 11. With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu