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2026 DAILYLAW 32906 (CHH)

Smt. Leelawati Baheliya v. STATE OF CHHATTISGARH

WPC/4113/2026 · 2026-08-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010298302026 2026:CGHC:34700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4113 of 2026 1 - Smt. Leelawati Baheliya W/o Shri Kedar Singh Aged About 35 Years R/o Village- Vikrampur, Tehsil Sonhat, District- Koriya (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Collector District- Koriya, (C.G.) 3 - The Divisional Forest Officer Forest Division- Baikunthpur, District- Koriya, (C.G.) 4 - The Forest Range Officer Forest Range-Deogarh, District- Koriya, (C.G.) 5 - The Forest Range Officer Sonhat Forest Range, Baikunthpur Division, District- Koriya, (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Sudhanshu Upadhyay, Advocate. For State : Dr. Saurabh Kumar Pande, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/08/2026 1. The petitioner has filed the instant petition seeking following reliefs:- RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.07 20:14:06 +0530 2 “10.1 That, this Hon’ble Court may kindly be pleased to allow the present writ petition and direct the respondents to produce entire records pertaining to the present case for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to respondents thereby quash the impugned notice dated 10.04.2026 and order dated 12/14.05.2026 (Annexure P/1). 10.3 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to respondents by directing them not to proceed with the dispossession of petitioner, till the pendency of this writ petition before the Hon’ble Court. 10.4 That, any other order/relief which this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice & equity. 10.5 That, the cost of the petition may kindly also be awarded to the petitioner. “ 2. Learned counsel for the petitioner submits that the petitioner has challenged the notice dated 10.04.2026 issued by the Divisional Forest Officer, Forest Division, Baikunthpur, District Koriya (C.G.), whereby the petitioner has been directed to remove the alleged encroachment over land situated in Compartment No. P-405, admeasuring 0.042 hectare, failing which appropriate action would be taken. It is prayed that appropriate relief be granted against the impugned notice. 3 3. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that, except for the impugned notice dated 10.04.2026, the petitioner has not placed on record any document to establish his entitlement over the land in question or to show that any reply/objection has been submitted before the competent authority pursuant to the said notice. In view of the availability of an opportunity before the competent authority and the absence of any reply by the petitioner, this Court is not inclined to entertain the present writ petition at this stage. 4. Accordingly, the petition is disposed of with a direction that the petitioner shall submit an appropriate reply/objection to the notice dated 10.04.2026 before the competent authority within a period of fifteen (15) days from today. Upon receipt of such reply/objection, the concerned Divisional Forest Officer shall afford the petitioner an opportunity of hearing and pass a reasoned order strictly in accordance with law within a period of sixty (60) days thereafter. 5. Till the petitioner's reply/objection is decided, no coercive steps shall be taken against the petitioner pursuant to the impugned notice. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju