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2025 DAILYLAW 8279 (CHH)

AMARDEV RAM v. STATE OF CHHATTISGARH

WPC/921/2025 · 2025-02-17

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:8100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 921 of 2025 1 - Amardev Ram S/o Late Malikawa Ram Aged About 50 Years R/o Village- Purshotampur, Village Panchayat- Purshotampur P.S And Tahsil - Ramanujganj, Distt- Balrampur - Ramanujganj (C.G.) 2 - Indradev Ram S/o Late Malikawa Ram Aged About 44 Years R/o Village- Purshotampur, Village Panchayat- Purshotampur P.S And Tahsil - Ramanujganj, Distt- Balrampur - Ramanujganj (C.G.) 3 - Jagdish Ram S/o Late Malikawa Ram Aged About 58 Years R/o Village- Purshotampur, Village Panchayat- Purshotampur P.S And Tahsil - Ramanujganj, Distt- Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue And Deserter Management, Mahanadi Bhawan New Raipur, Distt- Raipur (C.G) 2 - The Secretary Department Of Forest Mahanadi Bhawan, New Raipur Distt- Raipur (C.G) 3 - The Collector Balrampur Distt- Balrampur-Ramanujganj (C.G) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt- Balrampur- Ramanujganj (C.G) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.20 10:53:37 +0530 2 5 - The Tahsildar Balrampur Distt- Balrampur-Ramanujganj (C.G) 6 - Assistant Commissioner Tribal Development Balrampur Distt- Balrampur-Ramanujganj (C.G) 7 - Divisional Forest Officer Balrampur Distt- Balrampur- Ramanujganj (C.G) 8 - Gram Panchayat Purushotampur Through The Secretary Gram Panchayat- Purshotampur, Tahsil- Ramanujganj, Distt- Balrampur- Ramanujganj (C.G) ... Respondent(s) For Petitioner(s) : Mr. A.N. Pandey, Advocate For Respondent/State : Ms. Nupoor Sonkar, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 17/02/2025 1. The petitioners have filed this writ petition seeking for the following relief(s); “10.1 That, this Hon'ble court may kindly be pleased to direct the respondent authorities to consider and decide the claim of petitioner for grant of patta of the subject land bearing Compartment No.P-3421, rakba 1.20 hectare situated at village Purushotampur, Tahsil- Ramanujganj (C.G) possible. as early as possible. 10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and 3 circumstances of the case.” 2. Learned counsel for the petitioners submit that present petition is being made for appropriate direction to the respondent authorities to consider and decide the claim of the petitioner for grant of “Van Adhikar Patta” of the subject land bearing Compartment No.P-3421, rakba 1.20 hectare situated at village Purushotampur, Tahsil Ramanujganj (C.G) in which the petitioners are in possession since last 33 years and cultivating on the land. He submits that they have constructed the residential house and residing with their family and the application for grant of “Van Adhikar Patta” of the subject land filed by the petitioners are pending before the respondent authorities. He further submits that the petitioners are in possession of the subject land since long period and they have invested large amount for preparing of land for agriculture purpose and they are cultivating on the land but the respondent forest authorities are trying to disposes the petitioners from the subject land for which the petitioners have made an application for grant of “Van Adhikar Patta” before the respondent no.3 which is still pending. Therefore, the limited prayer is made in this writ petition is to direct the respondent No. 3 to take decision on the application dated 13.08.2024 Annexure P/2 in accordance with law within a reasonable period fo time with regard to grant of “Van Adhikar Patta” to the petitioners. 4 3. On the other hand, learned State counsel does not oppose the submission and submits that application of the petitioners shall be decided in accordance with law within a period of three months. 4. I have heard learned counsel for parties and perused the documents available on record. 5. In view of above, considering the submissions made at the bar and after perusal of the records, this Court is inclined to disposed of this writ petition directing the respondent No. 3 to take a decision on the application made by the petitioners dated 13.08.2024 Annexure P/2 with regard to grant of “Van Adhikar Patta” within a period of 90 days from the date of receipt of copy of this order. 6. Accordingly, the petition is disposed of with aforesaid observations and directions. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. SD/- (Bibhu Datta Guru) Judge Amardeep