1 2025:CGHC:20468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5313 of 2022 1 - Rantu S/o Late Jatru Aged About 47 Years R/o Village Chilma Khurd, Tehsil- Daura-Kochli, Ramanujganj, District : Balrampur, Chhattisgarh 2 - Jitan S/o Late Aganu Aged About 35 Years R/o Village Chilma Khurd, Tehsil- Dora- Kochli Ramanujganj, District : Balrampur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector- Balodabazar- Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Sub Divisional Officer (Revenue) Balrampur Ramanujganj, District : Balrampur, Chhattisgarh 3 - Tahsildar Daura- Kochli Ramanujganj, District : Balrampur, Chhattisgarh 4 - Gram Panchayat Chilma Tehsil- Dora-Kochli, District- Balrampur- Ramanujganj Chhattisgarh. Through Sarpanch Gram Panchayat- Chilma, Tehsil-Dora-Kochli Ramanujganj, District : Balrampur, Chhattisgarh ... Respondent(s) (Cause-title is taken from Case Information System) For Petitioner : Mr. Shobhit Koshta, Advocate For State : Ms. Anuja Sharma, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 05/05/2025 1. Petitioners have filed this writ petition seeking following reliefs :- “10.1) This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities not to disturb the possession of the petitioners over the disputed land without any due Digitally signed by SHAYNA KADRI 2 process of law and to direct the respondent authorities for deciding the petitioner application for grant of lease within such time frame as the Hon'ble Court deem fit in the fact and circumstances of the case in the interest of justice. 10.2) This Hon'ble Court may kindly be pleased to call for the entire records of the instant case, for kind perusal of this Hon'ble Court and in case the petitioners are dispossed then kindly direct for giving possession back to the petitioners along with appropriate compensation. 10.3) This Hon'ble Court may also be pleased to grant the cost of the petition to the petitioners. 10.4) Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice.” 2. Facts of the case, in a nutshell, are that the petitioners belong to the Scheduled Tribe community and are identified as Pahadi Korba by caste, which is categorized as a Particularly Vulnerable Tribal Group (PVTG). Their forefathers and ancestors were long-time residents of Village Chilma and have been in possession and cultivation of forest land bearing Khasra No. 380, area 0.280 hectares, and Khasra No. 381, area 0.730 hectares (hereinafter referred to as “the disputed land”) for generations to sustain their livelihood. The disputed land is recorded in the revenue records as "Chote Jhad ke Jungle" and is governed under the provisions of the Forest Act, thereby falling under the jurisdiction of the Central Government and not the State Government. Given their traditional and continuous possession of the said land, the petitioners have submitted an application under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, seeking lease rights, which is presently pending before the competent authorities. However, in the months of October and November, respondent No. 4 and other State authorities, without issuing any notice or providing an opportunity of hearing to the petitioners, earmarked the disputed land for the purpose of implementing the State Government’s Godhan scheme. 3 3. Learned counsel for the petitioners submits that the petitioners belong to a Particularly Vulnerable Tribal Group and have been in continuous possession and cultivation of the disputed land through their ancestors for the past three generations. It was argued that the land in question, though recorded as forest land under the classification “Chote Jhad ke Jungle,” has been traditionally used by the petitioners for agricultural purposes, and therefore, they are entitled to protection and recognition of their rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. it is further contention of learned counsel for the petitioners that the petitioners have already filed an application for grant of lease over the said land in accordance with the provisions of the Act, which is pending consideration before the competent authorities. Despite this, the respondent authorities, without serving any notice or affording an opportunity of hearing, have unilaterally earmarked the said land for the Godhan scheme of the State Government, which amounts to a violation of the petitioners' legal and constitutional rights. It was submitted that such action is arbitrary, without jurisdiction, and contrary to the principles of natural justice, and therefore liable to be quashed. However, at this stage, learned counsel for the petitioners is praying for limited relief seeking a direction to the concerned respondents to consider the case of petitioners and to decide the same within some stipulated period. 4. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioners seeking a direction to the concerned respondents, she is having no objection. 5. Having heard learned counsel for the parties and upon perusal of the record, it is evident that the petitioners belong to the Scheduled Tribe community categorized as Pahadi Korba, a Particularly Vulnerable Tribal Group (PVTG), (termed as adoption son of her excellency President of India) and are in 4 possession and cultivation of the disputed land bearing Khasra No. 380 and 381 for generations. The said land, though classified as "Chote Jhad ke Jungle" and governed under the provisions of the Forest Act, has been traditionally used by the petitioners for agricultural purposes. The petitioners have already submitted an application under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, seeking recognition of their rights and grant of lease (patta), which is still pending before the competent authorities. In the meantime, the respondents, without issuing any notice or granting an opportunity of hearing, have earmarked the said land for the State Government’s Godhan scheme, which prima facie appears to be in violation of the principles of natural justice. 6. In view of the limited prayer made by the learned counsel for the petitioners, which is not opposed by the learned State counsel, the writ petition is disposed of with a direction to the concerned respondents to consider and decide the pending application/representation submitted by the petitioners for grant of lease/patta under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in accordance with law, within a period of three months from the date of receipt of a certified copy of this order. 7. It is further directed that till the decision is taken on the said application/representation, the interim order dated 02.12.2022, restraining the respondents from dispossessing the petitioners from the disputed land, shall remain in force. 8. With the aforesaid directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE