1 2025:CGHC:47205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4906 of 2025 Prem Yadav S/o Shri Asharfi Yadav Aged About 54 Years R/o Village- Daldhowa, P.S. And Tahsil- Daldhowa, 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 Forest Officer- Forest Division- Balrampur,distt. Balrampur-Ramanujganj C.G. 7 - Forest Range Officer, Forest Range- Balrampur,distt. Balrampur-Ramanujganj C.G. 8 - Range Assistant, Forest Range- Balrampur,distt. Balrampur- Ramanujganj C.G. 9 - Secretary Of Panchayat Level Van Adhikar Committee- Village 2 Panchayat- Maheshpur, Tahsil- Balrampur,distt. Balrampur- Ramanujganj C.G. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. AN Pandey, Advocate. For Respondent-State : Mr. Anurag Tripathi, PL ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 15.09.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10. RELIEF(S) SOUGHT: 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 по. 424 rakba 3.90 acre situated at village - Daldhowa Tahsil- Balrampur, 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.” 2. Learned counsel for the petitioner contended that the petitioner is in possession upon the subject land/property (bearing compartment no.P-424 rakba 3.90 acre situated at village - Daldhowa, Tahsil- Balrampur, Distt- Balrampur -Ramnujgnaj (C.G) 3 since the last 50-55 years. Father of petitioner has constructed the residential house on some portion of the subject land/property, petitioner alongwith his family are residing on the rest of land, they are cultivating on the said land regularly and invested the large amount to prepare the land for agriculture purposes and under the scheme of Pradhan Mantri Awas Yojna, house was sanctioned in the name of petitioner and constructed the house upon the said land. Learned Counsel further contended that Gram Panchayat - Maheshpur issued the panchnama regarding possession of the petitioner upon the subject house and land since last 55 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 before respondent no.3, which is still pending for consideration. Learned Counsel also contended that respondent no.8 issued notice to the petitioner on 13.6.2025 and directed to submit the entire documents regarding the land otherwise, Authority will remove the petitioner from the subject land. After notice, petitioner submitted the details alongwith reply, but the forest authorities have not consider the reply filed by the petitioner and directed him to vacate the possession from the subject land and restrain the petitioner to cultivate of land and treated the petitioner as encroacher of the subject land and trying to 4 dispossess the petitioner from the subject land. If petitioner and his family members have been dispossessed from the subject property then they will suffer irreparable loss. The entire claim of the petitioner is depend on the pending application of petitioner for Grant of Van Adhikar Patta of the subject land, which is still pending before respondent no.3, however, concern authority has already granted the Van Adhikar patta to the similarly situated person in the same village and in the same compartment. Hence, petition has came-up before this Court with aforesaid prayer. 3. Learned State counsel contended that the petitioner may file the fresh representation before the concerned authority and in-turn concerned authority shall consider and decide the same as per law. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case, submissions of counsel for the parties, writ petition is dispose of at this stage permitting the petitioner to submit fresh application/claim for grant of Van Adhikar Patta before the concerned respondent-authority within ‘15 days’ from the date of receipt of copy of this order and in-turn the concerned respondent-authority shall consider and decide same within a period of ‘120 days’ from the date of receiving of such application/claim in accordance with rules, regulations/law, subject to meeting all other requisite eligibility 5 criteria. 6. Till decision on the petitioner’s application/claim, no coercive action shall be taken against him. 7. However, it is made clear that this Court has not expressed any opinion on the merits of the case. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-