HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18583 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard Sri Satish Kumar Mishra, learned counsel for the petitioners, Sri Badrinath Dubey, learned counsel holding brief of Sri Purnendu Kumar Singh, learned counsel for the Union of India, Sri Bhupendra Kumar Tripathi, learned counsel for the respondent No.4 and the learned Standing Counsel for the State respondents. 2. Petitioners claim to be forest dwellers upon a piece of land which the respondent - forest authorities claimed to be her own land. 3. It is argued by learned counsel for the petitioners that petitioners are protected under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It is submitted that no action of dispossession/ throwing them out of the land claiming to be reserved for forest area could have been taken place except by following the procedure prescribed under Rule 8 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007. 4. Learned Standing Counsel submits that petitioners' application is still pending consideration before the Collector, Chandauli, who may be directed to dispose of the same in accordance with law. 5. Having heard learned counsel for the respective parties and having perused the records, in our considered view, if the petitioners belong to scheduled tribes and is having possession of some land under the impression that it is a tribal land though the land falls in reserved forest area, any Versus Counsel for Petitioner(s) : A.S.G.I., Bhupendra Kumar Tripathi, C.S.C., Satish Kumar Mishra Counsel for Respondent(s) : Bahadur And Another .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) proceedings shall be undertaken against them only by following the procedure prescribed under Rule 8 of Rules, 2007 and while Collector would examine the application of the petitioners, he will ensure also that the procedure prescribed under the Forest Act, 2006 and Regulations framed thereunder are fully complied with. 6. The Collector concerned shall be passing appropriate order upon the pending application of the petitioners in accordance with law within a maximum period of three months from the date of production of certified copy of this order. 7. Until such disposal of the application or for the period of four months from today, no coercive action shall be taken against the petitioners to evict them from the land in question. 8. With the aforesaid observations, the present petition is disposed off. May 12, 2026 NS WRIC No. 18583 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad