Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 9040 (ALL)

VIRENDER @ VIRENDRA v. STATE OF U.P. AND 3 OTHERS

WRIC/1687/2025 · 2025-01-21

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:10357-DB Court No. - 29 Case :- WRIT - C No. - 1687 of 2025 Petitioner :- Virender @ Virendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Pandey,Rang Nath Pandey Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. The petitioner belongs to the Scheduled Tribe and claims to be in possession over the forest land recorded in Arazi No.856 ad- measuring 2 Bighas situated in Village Devri-mein-devra, Tehsil Robertsganj, District Sonebhadra. It is alleged that such possession is continuous and unobstructed for the last 40 years. It is submitted that the petitioner is entitled for regularization of such possession by virtue of the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It is also submitted that such application has remained pending since 24.12.2018 but no decision is being taken in the matter. Learned State Counsel submits that in the event such claim has not been accorded consideration, the same shall be examined in accordance with law. In that view of the matter, we permit the petitioner to raise his grievance before respondent no.4 annexing all materials in support of his claim. Such claim of the petitioner would be accorded consideration in terms of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 after conducting necessary factual inquiry on various aspects relating to the possession of the petitioner etc. Such proceedings would be concluded within a period of four months from the date of presentation of a certified copy of this order before it. Order Date :- 21.1.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad