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2025:CGHC:5734
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 640 of 2025 1 - Rudro Ram S/o Chandro Ram, Aged About 60 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 2 - Trilochan S/o Shri Chandro Ram Aged About 75 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 3 - Birbal S/o Tankedhar Aged About 50 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 4 - Parmanand S/o Tankedhar Aged About 55 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 5 - Smt. Khandeshwari Yadav W/o Shri Piteshwar Yadav Aged About 33 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 6 - Piteshwar Yadav S/o Shri Gurbaru Yadav Aged About 35 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 7 - Heeralal S/o Shri Vidyadhar Aged About 46 Years R/o Village -
2 / 4 Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 8 - Damrudhar Yadav S/o Shri Sadhuram Yadav Aged About 45 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.) 9 - Angadram Yadav S/o Shri Sadhuram Yadav Aged About 50 Years R/o Village - Jhimki, Gram Panchayat - Jhimki, Tahsil - Pathalgaon, District - Jashpur (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - The Collector, Jashpur, District - Jashpur, Chhattisgarh 4 - Divisional Forest Officer (DFO) Jashpur, Forest Division, District Jashpur (C.G.) 5 - Sub-Divisional Officer (Revenue) Pathalgaon, District Jashpur (C.G.) 6 - Forest Range Officer Pathalgaon, Forest Range, Pathalgaon, District Jashpur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Rishikant Mahobia, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate
3 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 31/01/2025
1. By the present writ petition, the petitioners are seeking a direction towards the respondent authorities to refrain from carrying out the plantation activities on the land which has been allotted to the petitioners under ‘Van Adhikar Patta’ in a revenue proceeding from the year 2019-22.
2.
Learned counsel appearing for the petitioners submits that some part of the land bearing Khasra No. 1/2A which is recorded as ‘Bade Jhad Ke Jungle’ has been allotted to the petitioners under the scheme of ‘Van Adhikar Patta’ however, the respondent/ Forest Department is making plantation over the same land which has been allotted to the petitioners. He would further submit that the petitioners alongwith other villagers submitted a representation dated 13/08/2024 (Annexure P/2) before the Collector, Jashpur but still the Forest Department is making plantation over the land in question.
3.
Learned counsel appearing for the State submits that as the petitioners have already approached before the Collector, necessary steps will be taken to redress the grievance raised by the petitioners after due verification and by making a spot inspection.
4. I have heard learned counsel for the parties and perused the documents.
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5. From perusal of Annexure P/1, it appears that some right has been provided to the petitioners under the Forest Act after registration of various revenue cases.
6. Perusal of Annexure P/2 i.e. the representation submitted by the petitioners would show that the Forest Department is making plantation over the land in question, however no steps has been taken in this regard.
7. In view of the above, the respondent No.3/ Collector, Jashpur is
directed to verify the grievance raised by the petitioners by making a spot inspection and take necessary steps in this regard within a period of four weeks from the date of receipt of a copy of this order in accordance with law.
8. With the aforesaid observation and direction, this writ petition is
disposed of. However the petitioners are at liberty to approach before the Collector alongwith the copy of this order and the copy of the petition. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar