1 / 5 2025:CGHC:59671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6393 of 2025 Mohd. Masir Khan S/o Mohd. Majlid Aged About 34 Years R/o Village Ropakhar, Tahsil- Mainpat, District Surguja (C.G.) (Note Complete Name Of The Petitioner And His Father Not Mentioned In Impugned Order) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan, Atal Nagar Raipur, District Raipur (C.G.) 2 - The Collector Ambikapur District Surguja (C.G.) 3 - Sub-Divisional Officer (Revenue)- Sitapur District Surguja (C.G.) 4 - The Tahsildar Mainpat District Surguja (C.G.) 5 - President Forest Right Committee Village Ropakhar, Tahsil- Mainpat, District Surguja (C.G.) ... Respondent(s) For Petitioner : Mr. Navneet Kumar Yadav, Advocate For State : Mr. Anurag Tripathi, Panel Lawyer Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.12.10 17:56:47 +0530 2 / 5 SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 09/12/2025 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present Petitioner from the Respondent authorities concerned for kind perusal. 10.2 The Hon'ble High Court may kindly be pleased to issue writ /writs, order / orders, direction / directions, and set-aside impugned order dated 06.11.2025 (ANNEXURE P-1), issued by the Respondent No.04, in the interest of justice. 10.3 The Hon'ble High Court may kindly be pleased to issue writ /writs, order / orders, direction / directions, and set-aside impugned order dated 09.10.2025 (ANNEXURE P-2), issued by the Respondent No.04, in the interest of justice. 10.4 That this Hon'ble court may further be pleased to direct the respondent authority to grant the lease to the petitioner or pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost. 10.5 Pass any other order under the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner is resident of Village- Ropakhar, Tahsil- Mainpat, District Surguja, Chhattisgarh and is in possession of land bearing Khasra No. 735, Rakba 0.0493 hectare for last so many years. Petitioner after getting knowledge that rights 3 / 5 can be granted to him for the land possessed by him, he submitted an application before the concerned village panchayat / gram sabha for granting forest rights under the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules of 2007 framed thereunder. Petitioner’s application was accepted by village panchayat and documents showing said facts are placed on record as Annexure P-3. He further submits that application submitted before village Panchayat in prescribed format to be placed before Forest Right Committee, is still pending consideration and till date no order has been passed by the Committee, constituted under the Rules of 2007 . He also pointed out that Tahsildar/Respondent no. 4 has issued eviction warrant Annexure P-1 dated 06.11.2025 directing the petitioner to remove his possession/encroachment from the land, subject matter of writ petition or else proceeding under Section 248(2a) of Chhattisgarh Land Revenue Code will be initiated against him. Therefore, he prays that a direction be issued to Sub-Divisional Level Committee to consider and take decision on application for grant of forest rights of petitioner which is pending consideration, and interim protection be granted till the decision is to be taken. 3. Learned counsel for State would submit that against the order Annexure P-1, petitioner is having efficacious alternate remedy of appeal/revision. However, he submits that application filed under the Act of 2006 can be proceeded for grant of forest rights. 4. I have heard learned counsel for respective parties. 5. Perusal of the documents enclosed along with this petition would show that land on which petitioner is in possession, is mentioned as “Bade 4 / 5 Jhad Ka Jungle”. Further the documents enclosed along with writ petition would show that petitioner had submitted an application before Secretary of Village Panchayat and there is no document to show that application is submitted before Village Committee constituted under the Act of 2006. 6. At this stage, learned counsel for the petitioner submits that petitioner may be permitted to submit fresh application for grant of forest rights in the prescribed format and before the competent authority and till decision on his application, interim protection may be granted. 7. In the aforementioned facts of case, I find it appropriate to dispose off this writ petition at this stage permitting the petitioner to submit fresh application before Village Committee constituted under the Act of 2006 and Rules framed thereunder within a period of 2 weeks from today along with copy of order passed by this Court and in the event petitioner submits such application, concerned authority shall consider claim of petitioner in accordance with law keeping in mind the provision under the Act of 2006 and Rules framed thereunder within a further period of 6 months from the date of receipt of application. 8. 8. Till the decision is taken on the application to be submitted by petitioner before Village Committee for grant of forest rights, status-quo as it exists today, shall be maintained by the parties till the next date of hearing. 9. It is for the petitioner to submit application within further period of 2 weeks and if petitioner fails to submit application within period 5 / 5 of 2 weeks as ordered by this Court, interim protection granted to petitioner will lose its efficacy. Certified copy as per rules. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen