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2025 DAILYLAW 54598 (ALL)

NEPALI v. UNION OF INDIA AND 3 OTHERS

WRIC/14323/2025 · 2025-05-19

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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Neutral Citation No. - 2025:AHC:84263-DB Court No. - 39 Case :- WRIT - C No. - 14323 of 2025 Petitioner :- Nepali Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,Bhupendra Kumar Tripathi,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Satish Kumar Mishra, learned advocate appears on behalf of petitioner and submits, prayer of his client is for direction upon respondent no.2 (the Collector) to decide on his application dated 9th January, 2025, for enforcement of provisions and ensuring guidelines of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, within a stipulated time. 2. He relies on order dated 12th September, 2023, made by co-ordinate Bench, disposing of Writ C No.- 23976 of 2023 (Ramdev and 29 others vs. Union of India and 3 others) to submit, his client's writ petition be disposed of accordingly. 3. Mr. Raj Mohan Upadhyay, learned advocate, Additional Chief Standing Counsel appears on behalf of State functionaries. Mr. Himanshu Shukla, learned advocate holding the brief appears on behalf of respondent no.4 (the Gram Sabha). 4. On query Mr. Mishra submits, his client has personal, as opposed to a public cause. Hence, reliance on order dated 12th September, 2023 (supra). We reproduce paragraphs 5 and 6 from said order. "5. We have considered the judgements passed in Adivasi Vanvasi Maha Sabha, Chandauli v. Union of India & Ors. (supra) and Rameshwar Chaudhary v. State of U.P. & Ors. (supra). 6. Accordingly, the writ petition is disposed of." Above paragraphs do not contain a direction. 5. Perused the petition. We have not been able to find a present cause urged on an assertion of a right having been violated. A similar case had come before us in Writ C No.-15434 of 2025 (Rambali and 20 others vs. State of U.P. and 4 others), disposed of by us on order dated 16th May, 2025. Reproduced below is paragraphs 5 and 7 from said order. "5. Article 226 in the Constitution of India requires petitioners to have a cause of action. Petitioners say they want to be made aware of their forest rights. The petition does not disclose a grievance, of some right violated. For purpose of obtaining recognition and vesting of rights under the Act, a claim must be made. The petition also does not disclose that such claim was made to a or several Gram Sabhas, for purpose of reference to the committee to initiate process of recognition of rights under rule 12-A. ......... 7. Petitioners have made said representation dated 20th April, 2024, incorrectly stated in paragraph 12 as dated 24th March, 2025. The application was addressed to respondent no. 4. In event, petitioners find some right has been violated, they are to demand for justice, failing which move this Court." Same observations and directions are made in this writ petition. 6. The writ petition is disposed of. Order Date :- 20.5.2025 Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad