1 CGHC010377252022 2026:CGHC:28481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5323 of 2022 1 - Arvind Patwa S/o Bigan Prasad Patwa Aged About 40 Years Occupation Cultivator, R/o Village Mahuli, Post Sursuli, Police Station Tikunda, Tahsil Wadrafnagar District Balrampur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, New Raipur Chhattisgarh. 2 - The Collector District Balrampur Chhattisgarh. 3 - The Sub Divisional Officer Wadrafnagar, District Balrampur Chhattisgarh. 4 - The Tahsildar Wadrafnagar, District Balrampur Chhattisgarh. 5 - The Gram Panchayat Mahuli Through - The Sarpanch, Tahsil Wadrafnagar, District Balrampur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ashok Kumar Shukla, Advocate. For Respondent(s)/State : Mr. Soumitra Kesharwani, Panel Lawyer. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may graciously be pleased to issue a writ of mandamus/certiorari or of like nature to the respondent-authorities to consider upon the proposal of the petitioner for settlement/allotment of the disputed land in his favour and to grant forest lease of Bhumiswami rights in his favour within stipulated period. 10.2 That, a command/direction may kindly be issued to the respondents alternatively to shift the site for the purpose of establishment of cow-shed to any other place which is clear and vacant. 10.3 Any other relief which is deemed fit and proper may also be awarded to the petitioner including cost of the petition.” 2. Learned counsel appearing for the petitioner submits that an application submitted by the petitioner seeking grant of forest rights patta is pending consideration under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short, “the Act of 2006”). He further submits that, despite the lapse of a considerable period of time, the said application has not yet been 3 considered and decided by the concerned Sub-Divisional Level Committee. On account of the prolonged pendency of the application, the petitioner is facing serious hardship and prejudice. Learned counsel, therefore, prays that an appropriate direction may be issued to the competent authority/Committee to consider and decide the petitioner's pending application expeditiously, in accordance with the provisions of the Act of 2006 and the applicable rules. 3. Per contra, learned counsel appearing for the State opposes the submissions advanced on behalf of the petitioner and the prayer made in the present writ petition. 4. Heard learned counsel appearing for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, the nature of the grievance raised by the petitioner and, more particularly, the fact that the petitioner's application seeking grant of forest rights patta under the Act of 2006 is stated to be pending consideration before the concerned Sub-Divisional Level Committee, this Court is of the considered view that the ends of justice would be served by directing the competent Committee to consider and decide the petitioner's pending claim. Accordingly, the concerned Sub- Divisional Level Committee is directed to consider and decide the case of the petitioner strictly in accordance with the provisions of the Act of 2006 and the applicable law, after affording due and 4 reasonable opportunity of hearing to the petitioner and all other concerned parties, if so required. 6. The petitioner is directed to submit an appropriate application seeking urgent hearing and expeditious disposal of his pending claim before the concerned authority/Committee, along with a copy of this order. In the event such an application is filed, the concerned authority/Committee shall take up the matter for consideration and decide the petitioner's pending application, by passing an appropriate order in accordance with law, within a period of 45 days from the date of receipt of a copy of this order. 7. Till the expiry of the aforesaid period of 45 days, no coercive steps shall be taken against the petitioner in respect of the land in question. 8. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat