1 2026:CGHC:9055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 749 of 2026 Harsu @ Sipan S/o Sikari Aged About 50 Years R/o Village Bhanaura, Police Station And Tahsil- Balrampur, District- Balrampur-Ramanujganj (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - The Collector Balrampur, District Balrampur- Ramanujganj (C.G.) 4 - Sub Divisional Forest Officer (Dfo) Balrampur Forest Division, Balrampur, District Balrampur- Ramanujganj (C.G.) 5 - Sub-Divisional Officer (Revenue) Balrampur, District Balrampur- Ramanujganj (C.G.) 6 - Forest Range Officer Forest Range Balrampur, District Balrampur- Ramanujganj (C.G.) ... Respondents For Petitioner : Mr. Shrikant Kaushik, Advocate For Respondents/State : Mr. Shobhit Mishra, Dy. Govt. Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 20.02.2026 1. The petitioner has preferred this petition under Article 226 of the Constitution of India, seeking following relief(s):- BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.24 10:38:44 +0530 2 “10.1 This Hon'ble Court may kindly be pleased to quash and set aside the impugned notice dated 29.07.2025 issued by the Respondent Forest Department in relation to the land situated in Compartment No.P-3394, Village Bhanaura, Police Station Balrampur, District Balrampur Ramanujganj (C.G.), being illegal, arbitrary, violative of the principles of natural justice, and without authority of law. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent department to consider and decide the application of the petitioner filed before them for grant of Van Adhikar Patta in respect of said within some stipulated period. 10.3 This Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner contended that the petitioner is poor and landless resident of Village Bhanaura, Police Station and Tahsil Balrampur, District Balrampur Ramanujganj (C.G.). The Forest Department has issued impugned notice dated 29.7.2025 (Annexure P/1), in which it has been alleged that the petitioner is an unauthorized occupant of forest land falling under Compartment No. P 3394 and directing him to produce valid document in respect of said land within a period of 03 days. The petitioner has filed application dated 30.01.2026 before the Collector, Balrampur stating all relevant facts claiming grant of Van Adhikar Patta for the said land, on which he is in occupant along with his family. Till date, no decision has been taken by the respondent authorities on the said application. On the one hand, the authorities have not taken any decision on the application of the petitioner for grant of patta and on the other hand, the respondent department is directing him to vacate the said land forthwith, failing which coercive action shall be taken. He further contended that the petitioner's forefathers have 3 been in possession of the said land since last 40-50 years and the petitioner and his family members are residing in the said house and apart from this, there is no other house or land of the petitioner. The petitioner has been continuously requesting the respondent department to grant a Van Adhikar Patta in respect of the said land; however, his application has been kept pending without any consideration. All of a sudden, the respondent department issued notice dated 29.07.2025 to the petitioner and is now seeking to demolish his house instead of deciding his pending application for grant of patta. The said notice has been issued without affording any opportunity of hearing to the petitioner, without conducting any proper inquiry or verification of facts, and without considering his long-standing and peaceful possession spanning over several decades. Hence, this petition. 3. Learned counsel for the State submits that though the petitioner has filed application dated 30.01.2026 (Annexure-P/2) for grant of Van Adhikar Patta, but the same has been filed after issuance of Order dated 29.7.2025 (Annexure-P/1). However, he submits that the application filed by the petitioner shall be considered and decided at the earliest. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. On perusal of the records, it is crystal clear that the Forest Department has issued a notice to the petitioner on 29.07.2025 (Annexure P/1) alleging illegal construction of house on compartment No.P-3394 situated at Village Bhanaura, Police Station and Tahsil Balrampur, District Balrampur Ramanujganj (C.G.), and directed the petitioner to produce valid document in respect of said land within a period of 03 days. Further considering the submission made by counsel for the petitioner that the petitioner belongs to Scheduled Tribes community and has been residing on the said land for a 4 long time along with his family members and that he is a landless person, it is submitted that the petitioner has filed application dated 30.01.2026 (Annexure P-2) before the Collector, Balrampur stating all the relevant facts and claiming grant of Van Adhikar Patta in respect of said land on which, he is residing with his family. However, till date, no decision in respect of said application has been taken by the respondent authorities. 6. In view of the above, the instant petition is disposed of with direction to Respondent No.3 – Collector, Balrampur, District Balrampur – Ramanujganj (C.G.) to decide the application dated 30.01.2026 (Annexure P-2) submitted by the petitioner for grant of Van Adhikar Patta of the subject land, i.e, compartment No.P-3394 situated at Village Bhanaura, Police Station and Tahsil Balrampur, District Balrampur Ramanujganj (C.G.) within an outer limit of ‘90 days’ from the date of receipt of copy of this order, in accordance with rules, regulations and law. 7. Till the decision of application Annexure P/2, no coercive action shall be taken against the petitioner with respect to subject land. 8. It is made clear that this Court has not expressed any opinion on the merits of the case. 9. With the aforesaid observation and direction, the instant petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini