1 / 3 2025:CGHC:53530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 164 of 2023 1. Rajaram Yadav S/o Chhote Sohar, Aged About 75 Years R/o Village Khukhri, Post Baighma, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh. 2. Mohan Yadav S/o Chhote Sohar, Aged About 72 Years R/o Village Khukhri, Post Baighma, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh. 3. Devnarayan Yadav S/o Chhote Sohar, Aged About 70 Years R/o Village Khukhri, Post Baighma, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh. ... Petitioners versus 1. The State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Raipur, District : Raipur, Chhattisgarh 2. The State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Raipur, District : Raipur, Chhattisgarh 3. The Collector, Balrampur, District Balrampur Ramanujganj Chhattisgarh. 4. Divisional Forest Officer, Balrampur, District Balrampur Ramanujganj Chhattisgarh. 5. The Sub Divisional Officer (R), Rajpur District Balrampur Ramanujganj Chhattisgarh. 6. Range Officer, Forest Range Rajpur, District Balrampur Ramanujganj Chhattisgarh. 7. The Tahsildhar, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh. 8. Gram Panchayat Through Secretary, Khukhri, Tahsil Rajpur, District Balrampur Ramanujganj Chhattisgarh. ... Respondents For Petitioners : Mr. Shrikant Kaushik, Advocate For Respondent-State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03/11/2025 PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 1. Petitioners have filed this writ petition seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be leased to driect the respondent authorities not to occupy the land of the petitioners. 10. 2 That, the Collector, Balrampur may kindly be directed to consider the application of the petitioners for grant of patta filed by them in respect of land bearing Khasra no. 403/1 and PF 2742 area 2 acres. 10.3 That, any other relief, which this Hon’ble Court deems fit under the facts and circumstances of the case may kindly be granted to petitioner.” 2. Learned counsel for the petitioners submits that the petitioners are in possession of piece of land since last about 50 years. Initially, petitioners submitted applications /representations before the Respondent No. 3/Collector for grant of forest rights of the land possessed by them in the year 2022, however, Respondent No. 3/Collector has not taken any steps in this regard. Along with the applications, petitioners have also submitted the panchnama issued by the Village Panchayat dated 18.12.2022 and therefore, direction be issued to the Respondent No. 3/Collector to take decision on the pending representations submitted by the petitioners, at the earliest. 3. On the other hand, learned counsel for the Respondents/State opposes the submission of the counsel for the petitioners and would submit, the petitioners have not submitted any application as provided under Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Tribes) Act, 2006 (for short “Act of 2006) before Gram Sabha. 4. I have heard learned counsels for the respective parties. 5. Petitioners are claiming rights over the government land. The claim of forest rights will be governed under the provisions of the Act of 2006. Section 6 of the Act of 2006 provides for authorities to vest forest rights in forest dwelling Scheduled Tribe and other traditional forest dwellers 3 / 3 and procedures thereof. According to Section 6 of the Act, 2006, Gram Sabha is the authority to initiate 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 claims. Petitioners have submitted document to show that they have submitted application claiming forest rights before the Gram Sabha. 6. At this stage, learned counsel for the petitioners submits that the petitioners may be permitted to submit application afresh before the authority as provided under Section 6 of the Act of 2006. 7. Considering the submission of the learned counsel for the petitioners as also, the provision under Section 6 of the Act, 2006, this writ petition at this stage, is disposed of permitting the petitioners to submit application afresh before the authority as provided under Section 6 of the Act, 2006 and if such an application is submitted, concerned authority shall consider and decide the same expeditiously, in accordance with law. 8. With the aforesaid observation and direction, writ petition stands disposed of. Certified Copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE