RAMBALI AND 20 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/15434/2025 · 2025-05-15
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54961 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54961 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:81167-DB Court No. - 39 Case :- WRIT - C No. - 15434 of 2025 Petitioner :- Rambali And 20 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kunwar Abhishek Singh,Suresh Pratap Singh Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Suresh Pratap Singh, learned advocate appears on behalf of petitioners and submits, his clients are of one community. They belong to scheduled tribes but in some districts are marked as scheduled caste. They are all traditional forest dwellers. They are seeking enforcement of their rights under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. 2. His clients made representation dated 20th April, 2024 to the Sub Divisional Officer. There be direction for consideration of the representation. 3. Mr. Raj Mohan Upadhyay, learned advocate Additional Chief Standing Counsel appears on behalf of State and submits, the representation will be duly dealt with in accordance with Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forrest Rights) Act, Rules, 2007. 4. Paragraph 12 from the petition is reproduced below :-
"12.That petitioners met personally Gram Padhan and Sub Divisional Officer Lalganj District-Mirzapur several times and gave several applications to initiate the process of determining petitioners forest rights but no heed has been paid by them, the last application has been given by the petitioners on 24.03.2025. True copy whereof is being appended as Annexure No.2 to this writ petition."
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.
6. Averments in the petition indicate that the cause may be akin to one in a public interest litigation. Mr. Suresh Pratap Singh submits, his clients have joined as petitioners and it is their cause. 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. 8. The writ petition is disposed of. Order Date :- 16.5.2025 Manoj (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad