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2026 DAILYLAW 33598 (CHH)

JAINU RAM MARKAM v. STATE OF CHHATTISGARH

WPC/4347/2026 · 2026-08-23

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010293792026 2026:CGHC:37744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4347 of 2026 1 - Jainu Ram Markam S/o Ramprasad Aged About 44 Years R/o Bedhawa Pathara, Ward No. 10, Gattasilli, Dhamtari, District- Dhamtari (C.G.) 2 - Mahendra Kumar Markam S/o Daya Ram Markam Aged About 36 Years R/o Bedhawa Pathara, Ward No. 11, Gattasilli, Dhamtari, District- Dhamtari (C.G.) 3 - Rupa Bai Netam W/o Mahesh Kumar Netam Aged About 38 Years R/o Bedhawa Pathara, Gattasilli, Ward No. 10 District- Dhamtari (C.G.) 4 - Shivkumar Netam S/o Shivnath Aged About 30 Years R/o Bedhawa Pathara, Ward No. 10, Gattasilli, Dhamtari, District- Dhamtari (C.G.) 5 - Bhukchand Netam S/o Itwaru Ram Netam Aged About 42 Years R/o Singhpur, Ward No.1 Sonjhari Singhpur, Dhamtari District- Dhamtari (C.G.) 6 - Motin Bai Netam W/o Jagdish Netam Aged About 42 Years R/o Karaiha, Ward No. 6, Chiwarri Mal, Kareh, Dhamtari, District- Dhamtari (C.G.) 7 - Jageshwari Netam W/o Tikesh Kumar Netam Aged About 36 Years R/o Bedhawa Pathara, Ward No. 14, Gattasilli, Dhamtari, District- Dhamtari (C.G.) 8 - Amrika Bai Kunjam W/o Shivnath D/o Bhagbali Aged About 47 Years R/o Gondalnala Ward No. 7, Gattasilli, Dhamtari, District- Dhamtari (C.G.) ... Petitioners versus YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.25 10:24:17 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Collector, Dhamtari District- Dhamtari (C.G.) 3 - Tahsildar, Nagri, District- Dhamtari (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Ms. A. Sandhya Rao, Advocate on behalf of Ms. Lata Nayak, Advocate For State : Mr. Shobhit Misrha, Dy. Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 24.08.2026 1. By filing the present petition, the petitioners have called in question the inaction on the part of the respondent authorities in not considering their claim for grant of patta in respect of the forest land situated at Village Bedhwapathra, Tehsil Kukrel, District Dhamtari, over which they claim to be in possession for more than 40 years, and have prayed for the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and be pleased to make an order to direct the concerned respondent to consider the application filed by the petitioners before Collector for grant of patta of the forest land for the purpose of their sustenance and also to dispose of the application after giving proper opportunity of hearing to them. 3 10.2 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.” 2. Learned counsel for the petitioners submits that the petitioners are encroachers over the land in question and claim to have been in possession thereof for more than 40 years. He submits that similarly situated persons, who are also in long-standing possession of forest land, have been considered for grant of patta. The petitioners had earlier submitted a representation in the year 2022 seeking consideration of their claim; however, the same has not been considered and decided by the competent authority. It is further submitted that the petitioners have again submitted a representation dated 03.08.2026 before the concerned authorities. Learned counsel for the petitioners, therefore, confines his prayer and seeks a limited direction to the respondent authorities to consider and decide the said representation in accordance with law. 3. Learned State counsel appearing for the respondents has no objection to the limited prayer made by learned counsel for the petitioners. 4. Having heard learned counsel for the parties and considering the limited prayer made in the present petition, the respondent authorities are directed to consider and decide the representation dated 03.08.2026 submitted by the petitioners, in accordance with law, after affording an appropriate opportunity of hearing to all 4 concerned, preferably within a period of 60 days from the date of receipt of a certified copy of this order. 5. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners for grant of patta, and the competent authority shall consider the representation strictly in accordance with the applicable provisions of law and on its own merits. 6. With the aforesaid direction, the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh