Extracted from the PDF above. The PDF is authoritative.
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CGHC010303092026
2026:CGHC:34404
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4091 of 2026 Hemendra Raman Singh S/o Rewati Raman Singh Aged About 37 Years R/o Diwan Mohalla, Village Birra, Tahsil Champa, District Janjgir Champa Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Department Of Forest And Climate Change, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - Collector District Korba Chhattisgarh 4 - Divisional Forest Officer (D F O) Korba, District Korba Chhattisgarh 5 - Forest Ranger Balco Forest Area, Balco, District Korba Chhattisgarh
... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Dr. Sudeep Agrawal, Advocate Digitally signed by AMIT PATEL
2 For State/Respondents: Mr. Anand Dadariya, Dy.A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 06.08.2026
1. The petitioner has filed the instant petition for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the case from the respondent authorities in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned notice dated 23.07.26 (Annexure P-1) and 13.07.26 (Annexure P-2) as being issued without any authority of law and without jurisdiction, in the interest of justice. 10.3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.
2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned notice dated 23.07.2026 as well as the notice dated 13.07.2026, whereby the petitioner was directed to appear before the Forest Ranger, Balco Range, Balco, District Korba (C.G.), as certain complaints have been made against the petitioner alleging that he had encroached upon forest land by
3 claiming it to be his own land. It was further alleged that the petitioner had purchased the property in violation of the provisions contained under Sections 165(6) and 170-B of the Chhattisgarh Land Revenue Code, 1959. As such, the petitioner was directed to appear before the authority concerned along with all relevant documents so that the veracity of the complaints may be verified and an appropriate order may be passed. Learned counsel for the petitioner further submits that the petitioner has purchased the land through a registered sale deed and there is no whisper that the petitioner has purchased the land in violation of the provisions contained under Sections 165(6) and 170-B of the Code of 1959. Even otherwise, the land purchased by the petitioner belongs to the Revenue Department and, therefore, the forest authorities have no jurisdiction over the same in view of Section 80-A of the Indian Forest Act, 1927. As such, the impugned notices are not in accordance with law, and therefore, the petitioner has challenged the said notices by filing the present petition.
3. Learned counsel for the State submits that since only notices have been issued to the petitioner, he ought to have appeared before the concerned authority along with all the relevant documents in order to verify the complaints as made against him.
Learned counsel further submits that since the petitioner is submitting that he has neither encroached upon the forest land nor taken excess possession of the land purchased by him, as such, the petitioner may approach the concerned authority, who
4 shall verify the same by conducting a demarcation of the petitioner's land, which, according to the petitioner, is revenue land.
4. Having heard learned counsel for the parties, upon due
consideration of the facts and circumstances of the case, perusal of the documents available on record and the submissions advanced on behalf of the petitioner as well as the learned counsel for the State, it would be appropriate to direct the petitioner to approach the respondent authorities within a period of 15 days from the date of this order along with all the relevant documents and in turn, the concerned authorities are directed to consider the grievance of the petitioner and to look after the documents relied upon by him in support of his contention that he has purchased the revenue land through a registered sale deed and, therefore, the forest authorities have no jurisdiction over the same. If necessary, the concerned authorities may call the assistance of the Revenue Authorities for demarcation of the land purchased by the petitioner through the registered sale deed dated 30.10.2024. The demarcation shall be carried out in the presence of the petitioner after affording him due opportunity of hearing and in the presence of the Revenue Authorities not below the rank of Tahsildar. The concerned Tahsildar with the assistance of the Revenue Authorities, shall carry out the demarcation and, if necessity arises, the same may also be conducted in the presence of the Forest Ranger, Balco. The aforesaid exercise
5 shall be completed within a period of 30 days. Till the passing of the order pursuant to the impugned notices, the respondent authorities are directed not to take any coercive steps against the petitioner.
5. With this observation and direction, this petition stands disposed of.
SD/-
(Amitendra Kishore Prasad) Judge AMIT PATEL