1 2026:CGHC:20905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3271 of 2022 1 - Balkunwar Wd/o Late Jagdish Ram Aged About 55 Years R/o Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh 2 - Upendra Gupta S/o Late Bhagwan Prasad Gupta Aged About 30 Years R/o Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh 3 - Upasana Jaiswal W/o Rambabu Jaiswal Aged About 30 Years R/o Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh 4 - Kaleshwari W/o Late Jagdish Ram Aged About 50 Years R/o Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh 5 - Pawan Tiwari S/o Shri Urmila Tiwari Aged About 30 Years R/o Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh 6 - Naveen Prakash Singh S/o Parshottam Aged About 28 Years R/o SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.05.06 18:11:26 +0530 2 Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh 7 - Awadhesh S/o Late Dadu Ram Aged About 30 Years R/o Village Tilsivan, P.H. No. 07, R.I. Circle Basdei, Tahsil Surajpur, District : Surajpur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralay, Mahanadi Bhawan Naya Raipur, Atal Nagar, P.O. And P.S. Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector Surajpur, District : Surajpur, Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Surajpur, District : Surajpur, Chhattisgarh 4 - The Tahsildar Surajpur, District : Surajpur, Chhattisgarh --- Respondent(s) WPC No. 3269 of 2022 1 - Chhotelal S/o Jain Ram Aged About 42 Years R/o Baigapara Manpur, Ward No. 14 Municipal Council, Surajpur, District- Surajpur, Chhattisgarh. 2 - Sonamati W/o Ambika Prasad Sahu Aged About 55 Years R/o Baigapara Manpur, Ward No. 14 Municipal Council, Surajpur, District- Surajpur, Chhattisgarh. 3 - Shashikala W/o Anil Kumar Aged About 53 Years R/o Baigapara Manpur, Ward No. 14 Municipal Council, Surajpur, District- Surajpur, Chhattisgarh. 3 4 - Urvarshi Rawte W/o Onkar Rawte Aged About 30 Years R/o Baigapara Manpur, Ward No. 14 Municipal Council, Surajpur, District- Surajpur, Chhattisgarh. 5 - Laxamaniya W/o Ramvriksh Aged About 57 Years R/o Baigapara Manpur, Ward No. 14 Municipal Council, Surajpur, District- Surajpur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralay, Mahanadi Bhawan Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District- Raipur, Chhattisgarh. 2 - The Collector Surajpur, District Surajpur, Chhattisgarh. 3 - The Sub-Divisional Officer (Revenue) Surajpur, District- Surajpur, Chhattisgarh. 4 - The Tahsildar Surajpur, District- Surajpur, Chhattisgarh. 5 - The Chief Municipal Officer Municipal Council, Surajpur, District- Surajpur, Chhattisgarh. --- Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. VK Pandey, Advocate For Respondent(s) : Mr. RK Gupta, Additional Advocate General S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 4 05/05/2026 1. Heard. 2. The petitioners in WPC No.3271/2022 have prayed for the following reliefs. 10.1 issue notices to the respondents, returnable within early date of hearing. 10.2 set-aside the impugned notice vide Annexure P-1 dated 24.05.2022 issued by the respondent no. 4. 10.3 issue any other relief(s)/ order(s)/ direction(s) in favour of petitioners, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.4 Cost of the petition. The petitioners in WPC No.3269/2022 have prayed for the following reliefs : 10.1 issue notices to the respondents, returnable within early date of hearing. 10.2 set-aside the action of the respondent no. 4 with regard to the demolition of the house of the present petitioners. 10.3 issue any other relief(s)/ order(s)/ direction(s) in favour of petitioners, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.4 Cost of the petition. 3. Learned counsel for the petitioners submits that the petitioners 5 have constructed houses on forest land. As such, he makes a limited prayer to dispose of this petition with a direction that on applications being filed by the petitioners before the concerned authorities under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ( in short “the Act, 2006”), the authorities shall consider and decide the same in accordance with law. Furthermore, until a decision is taken, the petitioners seek protection from eviction. 4. Considering the above aspects of the matter, without expressing any opinion on the merits of the case, it is directed that if the petitioners file appropriate applications under the Act, 2006 within a period of 30 days before the competent authority from the date of receipt of a copy of this order, the concerned authority shall consider and decide the same in accordance with law expeditiously. 5. It is further directed that till the decision is taken on the applications, if any, filed by the petitioners, no coercive steps shall be taken against them. 6. However, it is made clear that if such applications are not filed by the petitioners within the stipulated time period, this order shall lose its efficacy. 7. With the aforesaid observations/directions, the Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay