1 2025:CGHC:56342 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6045 of 2025 Anil Gupta S/o Deepchand Gupta, Aged About 49 Years R/o Village Ropakhar, Tahsil Mainpat, District Sarguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - Commissioner Sarguja Division, District Sarguja (C.G.) 3 - Collector Sarguja, District Sarguja (C.G.) 4 - Sub Divisional Officer, Sitapur, District Sarguja (C.G.) 5 - Tahsildar, Tahsil Mainpat, District Sarguja (C.G.) ... Respondents For Petitioner : Mr. Rishabh Gupta, Advocate For Respondents -State : Mr. Anurag Tripathi, Panel lawyer Hon’ble Justice Shri Parth Prateem Sahu, Judge Order on Board 19.11.2025 1. Petitioner has filed this writ petition, seeking following reliefs:- ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.21 15:03:43 +0530 2 “10.1 That, this Hon’ble court may kindly be pleased to quash the notice dated 09.10.2025, bearing no. 87/Vachak/Tah./2024, issued by the respondent no. 5. 10.2 That, this Hon’ble Court may kindly be pleased to command and direct the respondent authorities to grant lease of 0.02 hectare of land of Khasra No. 700, situated at Village Ropakhar, Tahsil Mainpat, District Sarguja (C.G.) to the petitioner. 10.3 Any other relief(s)/order(s)/direction(s) in favour of petitioner, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice 10.4. Cost of the petition.” 2. Learned counsel for petitioner submits that petitioner is a resident of Village-Ropakhar, Tahsil Mainpat, District Sarguja C.G. and since the time of his grand father, petitioner is in possession of land bearing Khasra No. 700 measuring 0.0200 acres. After getting knowledge that he can file application for forest rights, he submitted an application before the Forest Committee in a prescribed format. The application was forwarded to the Block Level Committee for grant of forest rights that is headed by Sub Divisional Officer (Revenue)/respondent no. 4 and till date it is pending consideration. He also submits that Tehsildar- Mainpat/respondent no. 5 has initiated proceedings under Section 248 of Chhattisgarh Land Revenue Code, 1959 for removing the possession of petitioner over the Government land on 09.10.2025 on the same date eviction warrant was issued. In the reply petitioner has taken specific plea that he has submitted an application for grant of forest right, however order under Section 248 of the Code of 1959 was passed. He lastly submits that on same date eviction warrant was also issued vide Annexure P-1. As application for grant of forest rights is pending consideration before the competent authority and therefore, till decision is taken on this application, possession of petitioner over the said property, subject matter of this writ petition be protected. 3. Learned counsel for State opposes the submission made by counsel for petitioner and submits that it is an admitted fact that petitioner is in possession of govt. land, therefore, proceedings under Section 248 of 3 Code of 1959 was initiated. After granting opportunity of hearing, final order was passed and only thereafter, eviction warrant was issued. He also submits that according to information supplied to him by concerned Tehsildar, petitioner has submitted reply to the show cause notice in the proceeding under Section 248 of the Code of 1959 and in the reply petitioner has taken specific plea that he has submitted an application before competent authority for grant of forest rights under the Scheduled Tribes and other Traditional Forest Dwellers (Regulation of Forest Rights) 2006 and 2007 Rules. 4. Heard learned counsel for respective parties and also perused the documents enclosed along with this writ petition. 5. On due consideration of submission made by counsel for respective parties as also the document enclosed along with this writ petition, it is appearing that the land which is possessed by petitioner is recorded as forest land in the revenue records and it has also been stated that the petitioner is in possession of that land for last about 50 years. It is also not in dispute that proceedings have been initiated against the petitioner. Petitioner has already submitted an application under the Act of 2005 for grant of forest right before the Committee at the Village Panchayat Level and according to submission of counsel for petitioner as also submission of counsel for State on instructions, now it is pending before Block Level Committee. 6. At this stage counsel for petitioner further submits that petitioner is still in possession of land, subject matter of this writ petition. 7. In the aforementioned facts of the case, I find it appropriate to dispose of this writ petition at this stage, directing respondent no. 3 and 4 to take decision on application submitted by petitioner for grant of forest rights forwarded under the signature of village committee as stated by both the counsels, in accordance with law, expeditiously, preferably within a further period of 04 months from the date of receipt of copy of this Order passed by this Court. 4 8. Till the decision is taken on the application Annexure P-3 of the petitioner for grant of forest rights, status-quo, as it exists, today, with regard to possession of petitioner on subject land shall be maintained by the parties. 9. With the aforesaid observation/direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza