2025:JHHC:17798 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1792 of 2025 ----- 1. Umesh Ganjhu S/o Ramdev Ganjhu, village Kalyanpur, Post- Lawalong, District- Chatra, Jharkhand 2. Pintu Saw, S/o Kishori Saw, village Kalyanpur, Post- Lawalong, District- Chatra, Jharkhand 3. Charku Ganjhu, S/o Raghu Ganjhu, village Kalyanpur, Post- Lawalong, District- Chatra, Jharkhand 4. Manju Devi, village Kalyanpur, Post- Lawalong, District- Chatra, Jharkhand 5. Fuldev Turi S/o Jodhi Turi village Kalyanpur, Post- Lawalong, District- Chatra, Jharkhand 6. Ramotar Thakur, S/o Budhan Thakur, village Kalyanpur, Post- Lawalong, District- Chatra, Jharkhand 7. Pintu Thakur, S/o Shambhu Thakur, Age-36 years, Village-Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand. 8. Amresh Ganjhu, S/o-Ramdev Ganjhu, Age-50 years, Village-Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand. 9. Sudresh Ganjhu, S/o Ramdev Ganjhu, Age-40 years, Village-Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand. 10. Arjun Ganjhu, S/o Bandhu Ganjhu, Age-51 years, Village-Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand. 11. Nilesh Ganjhu, S/o Ishwari Ganjhu, Age-45 years, Village-Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand 12. Surajdev Ganjhu, S/o Vishwanath Ganjhu, Age-55 years, Village- Kalyanpur, Post-Lawalong, P.S.- Lawalong, District-Chatra, State- Jharkhand. 13. Arvind Saw, S/o Basudev Saw, Age-38 years, Village-Kalyanpur, Post- Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand 14. Arvind Ganjhu, S/o Harichand Ganjhu, Age-57 years, Village- Kalyanpur, Post-Lawalong, P.S. Lawalong, District- Chatra, State- Jharkhand 15. Ramjtan Ganjhu, S/o Jagdev Ganjhu, Age-52 years, Village-Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand 16. Mukesh Mistry, S/o Ramvriksh Mistri, Age- 32 years, Village- Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State- Jharkhand 17. Murari Saw, S/o Jagrnath Saw, Age-28 years, Village-Kalyanpur, Post- Lawalong, P.S.- Lawalong, District- Chatra, State-Jharkhand 18. Kishun Ganjhu, S/o Ramshahay Ganjhu, Age-33 years, Village- Kalyanpur, Post-Lawalong, P.S.- Lawalong, District- Chatra, State- Jharkhand … …. Petitioners Versus 1. The State of Jharkhand through the Chief Secretary cum Co-Chairperson of State Level Monitoring Committee (SLMC) of the Forest Rights, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, Distt. Ranchi. 2. The Principal Secretary, Department of Welfare of Scheduled Tribes and 2025:JHHC:17798 2 Other Traditional Forest Dwellers, Govt of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi. 3. Principal Chief Conservator of Forests (PCCF), HoFF Van Bhawan Jharkhand State, at-Doranda P.O. & P.S. Doranda, Ranchi-834002 Jharkhand 4. Deputy Commissioner, Chatra, P.O. & P.S.-Chatra, District Chatra 5. The District Forest Officer, Social Forestry, P.O. & P.S.-Chatra, District Chatra 6. The District Forest Officer, P.O. & P.S.-Chatra, District Chatra … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Md. Shadab Ansari, Advocate For the State : AC to Advocate General ----- Oral Order 04 / Dated : 03.07.2025 1. The instant writ petition has been filed by the petitioners for direction to the respondents to issue Patta under the Schedule Tribes and Other Traditional Forest Dwellers (Recognition for Forest Rights) Act, 2006 (for short Forest Rights Act, 2006) and further for specific direction to respondent No. 3 to not harass and file cases with respect of their houses and agricultural land in view of Section 4(5) of the Forest Rights Act, 2006. 2. It is submitted by the learned counsel appearing on behalf of the petitioners that the petitioners are in peaceful occupation of the forest land and without any prior notice to petitioners or the Gram Sabha, the respondents are interfering with their peaceful occupation. 3. Kalyanpur Gram Sabha after conducting required inspection over the forest land and the Sub Divisional Level Committee have also admitted the claim of the petitioners for the forest right. 4. In nutshell, the petitioners claim settlement as Forest Dwellers under Section 2(O) of Forest Rights Act, 2006. 5. The main grievance of the petitioners is that the process for Recognition of Forest Rights has been initiated by the Gram Sabha under Section 3 of Forest Rights Act, 2006 and presented to the Sub Divisional Level Committee but no action has been taken and their peaceful occupation is being disturbed. 2025:JHHC:17798 3 6. Learned counsel for the State seeks adjournment to file counter affidavit. 7. The object of Forest Rights Act, 2006 is to protect the rights of the two classes of people viz., “Forest Dwelling Scheduled Tribes” and “Traditional Forest Dwellers”. The term “Forest Dwelling Scheduled Tribes” is defined in Section 2(c) of the Forest Rights Act, 2006 which states that a forest dwelling Scheduled Tribe means, the members or community of the Scheduled Tribes, who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities. Similarly, the term “Other Traditional Forest Dweller” means any member or community, who has, for at least three generations prior to the 13th day of December, 2005, primarily resided in and who depend on the forest or forests land for bona fide livelihood needs. From this, it shall be manifest that mere residence by three generation is not sufficient to claim forest right, person claiming should depend on forest for his livelihood. 8. Since the matter is pending before the Sub Divisional Level Committee, without entering into the merit of the claim for forest right, this writ petition is being disposed of with a direction to the said Committee to dispose of the pending recommendation of the Kalyanpur Gram Sabha with respect to these petitioners within twelve weeks from the date of receipt/production of a copy of this order. Pending I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra